Terms of Use — MiningBull

1. Overview

Mining Data Solutions Pty. Ltd. ACN 663 817 945 as trustee for Mining Data Solutions Trust ABN 92 203 183 462 (MiningBull, we, us, our) is the provider of https://www.miningbull.com.au/(Website).

The following terms of use apply to subscribers or prospective subscribers to the Website (you) in relation to your use of the Website (Terms of Use). By subscribing to, accessing and/or using the Website, including in accordance with clause 6, you are acknowledging that you have read, understood and agreed to the terms and conditions set out in these Terms of Use.

These Terms of Use should be read together with MiningBull’s Privacy Policy (see here) and the relevant third party disclaimers (see here).

If you have any questions about these Terms of Use or the Website, you can contact MiningBull at info@miningbull.com.au. If you do not agree to these Terms of Use, you must not subscribe to, access and/or use the Website.

2. Description of the Website and Information

The Website acts a repository of information in which MiningBull aggregates information published by the Australian Securities Exchange Ltd (ASX) about listed Australian mining companies, including financial information about the relevant companies and information on their mining projects (Information). For the avoidance of doubt, Information includes ‘Market Data’ as defined in clause 9 of these Terms of Use.

The Information includes information supplied by Refinitiv Australia Pty Ltd (Refinitiv) which MiningBull is authorised to redistribute to you in accordance with the terms of these Terms of Use. The Information also includes metrics and values displayed which are derived from the information supplied by Refinitiv. By subscribing to, accessing and/or using the Website you acknowledge that all Information on the Website has been supplied by third parties and/or derived from information provided by third parties.

See here for a description of the Information available on the Website.

3. Factual information disclaimer

MiningBull does not hold an Australian financial services license (AFSL) and is not authorised to provide general nor personal financial product advice to retail or wholesale clients. The Information on the Website should not be construed as financial product advice. The Information is factual information only. MiningBull, its directors, officers, and/or employees do not make nor imply any recommendation or opinion about the products by displaying the Information. You should seek professional advice from a licensed advisor when making a decision to buy, sell or hold certain securities based on the Information displayed on the Website.

4. General disclaimer

Subject to clauses 20(a) and 20(b), this Website is made available on an as-is basis. While we believe the contents of this Website to be accurate, you acknowledge that changes in circumstances after publication may affect the completeness or accuracy of such content. Except as otherwise expressly stated and subject to clauses 20(a) and 20(b), to the extent permitted by law we make no representations or warranties of any kind with respect to this Website, its contents or the Information.

It is your responsibility to assess and verify the accuracy, completeness, currency, and reliability of the Information, and to seek professional advice where necessary. To the maximum extent permitted by law and subject to clauses 20(a) and 20(b), we disclaim any representations or warranties as to the security, completeness, accuracy, merchantability or fitness for purpose of the content of this website or the services available through this website.

5. Subscription fee

Subject to clause 6, you must pay MiningBull a subscription fee in consideration for your access to the Website (Subscription Fee). The Subscription Fee is paid in advance and may be paid monthly or annually.

We reserve the right to adjust the Subscription Fee for a future Subscription Period at any time by providing you not less than 14 days notice. Following an adjustment to the Subscription Fee, you are permitted to cancel your subscription at any time in accordance with clause 18.

6. Free trial period

MiningBull offers a one-week free trial period (Free Trial) to prospective subscribers. During the Free Trial, you will have restricted access and use of the Website for a period of one week without cost.

Your access to the Website will be cancelled at the end of the Free Trial unless:

you notify MiningBull before the end of the Free Trial that you intend to subscribe to the Website after the end of the Free Trial; and
you pay the Subscription Fee in accordance with clause 5.

Any person is only entitled to one Free Trial. Any person that accesses more than one Free Trial or attempts to circumvent this term will breach these Terms of Use.

7. Term and renewals

The subscription period is:

one month if you pay the Subscription Fee monthly; or
one year if you pay the Subscription Fee annually

(referred to in these Terms of Use as the Subscription Period).

Unless you have cancelled your subscription in accordance with clause 18, your subscription to the Website will automatically renew for a further one year period at the end of the Subscription Period (Renewal). For the avoidance of doubt, a monthly Subscription Period will automatically renew each month and an annual Subscription Period will automatically renew each year.

If you have an annual Subscription Period:

within 14 days before the end of your Subscription Period we will notify you that your subscription is coming to an end and will automatically renew and
you may cancel your subscription to the Website within 30 days after the Renewal in accordance with clause 18.

You consent to MiningBull processing the Subscription Fee for the Renewal via your nominated payment method. Your nominated payment method is the account or card last used to pay the Subscription Fee. You must notify us as soon as reasonably practicable when, or if, your nominated payment method changes.

MiningBull may cancel your access to the Website if it is unable to process the Subscription Fee for the Renewal via your nominated payment method. You will be liable for any charges, costs or fees reasonably incurred by MiningBull as a result of your failure to notify us about any changes to your nominated payment method or where the Renewal cannot be processed as a result of insufficient funds available from your nominated payment method.

For the avoidance of doubt a Free Trial cannot be extended or renewed.

8. Non-professional investor

By subscribing to, accessing and/or using the Website, you warrant that you are a non-professional investor residing in Australia. As a non-professional investor, you are accessing the Information for your personal and private use in relation to your own investment portfolio, and not:

registered with any securities agency, regulatory or self-regulatory body nor qualified as a professional securities trader or investment advisor;
engaged in a financial services business or employed as a financial adviser;
accessing or using the information in the course of your employment or in connection with any form of trade or business; or
engaged in the business of accessing or aggregating information and redistributing or otherwise furnishing that information to third parties.

9. Delayed Information

By subscribing, accessing and/or using the Website, you acknowledge that you understand that market data is delayed by at least 20 minutes.

‘Market data’ refers to any Information relating to the shares on issue, price, change (day, week, month, YTD, year), bid/ask, volume, value, VWAP, daily range, 52 week range, average volume, average value, market capitalisation, daily ‘RVol’ and weekly ‘RVol’.

The date and time displayed on the Website is the time in Sydney, Australia.

10. Account

When you subscribe to the Website and/or access the Website via a Free Trial, your email address will become your unique User ID and you will be prompted to create a secure password for your account. You must use your unique user ID and password to access the Website. You cannot access the Website on more than one device simultaneously.

You must not share your unique user ID or password with anyone. You are solely responsible for the basic security and confidentiality of your account, and for keeping your log-in details (including password, unique user ID, and any email or other account which you may register as a means of verification) secure and safe.

11. Access to the Website

You must only access and use the Website for lawful and authorised purposes.

We endeavour to ensure that the Website is available 24 hours a day, however, subject to clauses 20(a) and 20(b), we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

We assume no responsibility for any technical malfunction, error, interruption, delay, communication failure, virus, theft or destruction or unauthorised access to the Website, or any injury or damage to any person’s computer related to the use of the Website.

Subject to applicable laws, by subscribing, accessing and/or using the Website you give your consent for the ASX or its authorised representatives to review and receive your personal information for the purpose of verifying compliance with your obligations to the ASX.

12. Use of the Information

We make no representation or warrant that the Information will be complete, accurate or error-free.

In relation to the Information, you must:

only use the Information for your personal use in relation to your own investment portfolio;
not use the Information:
- for any unauthorised, improper or unlawful use;
- in a manner that is inconsistent with, or causes us to be breach, our obligations to the ASX in circumstances where you have been notified of that obligation;
- in a manner that infringes the rights of any other person;
not copy, download, store, reproduce, display, modify, transmit, or distribute the Information; or
not transfer or publish all or part of the Information to third parties.
You must notify us as soon as reasonably practicable if you use or access the Information in a manner which contravenes or is inconsistent with these Terms of Use.

13. Auditing

By subscribing, accessing and/or using the Website, you grant the ASX, its authorised representatives, and its personnel, a licence to inspect any relevant records or information and provide consent for them to remotely audit and/or enter your premises and audit your systems, records and usage of the Information.

To the extent we are liable to the ASX, you will be liable to us where an inspection discloses use of the Information in manner that causes us to contravene our obligations to ASX.

14. Intellectual Property

Unless otherwise indicated, all copyright and other intellectual property rights in the Website design, text, images, graphics, data, information, logos, and other materials on this Website, including the selection and arrangement thereof, the Information and all software relating to this Website, belong to or are licensed by MiningBull. All trade marks, service marks, trade names and branding on this website belong to MiningBull or its licensors. You are not granted any licence or right to use this intellectual property except in the normal course of accessing this Website and using the Information made available on this Website for your personal non-commercial purposes.

No material, including the Information, from this Website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without our prior written permission.

15. Privacy and security

We will take reasonable steps to keep the Website and any personal information about you that you submit to us via the Website secure.
Without limiting your other obligations under these Terms of Use, you are responsible for taking all necessary and reasonable steps to ensure that your account, unique user ID and password are securely maintained and used only by the User and for the security of any devices you use to access the Website.
You must not submit to us via the Website any information or other content where doing so would contravene any privacy or other relevant law.

16. Features and functions

You acknowledge and agree that we may vary the features, functions and other benefits available to you in respect of the Website from time to time, including the types of information available on or via the Website, provided that we will act reasonably in doing so and will use reasonable endeavours to notify you before making changes to the features, functions and other benefits available to you in respect of the Website that would have a material adverse impact on you.

You may cancel your subscription in accordance with clause 18 if you do not agree to these changes. Where you cancel your subscription because of a change in accordance with this clause, you are entitled to a refund for the portion of the Subscription Fee attributable to the remaining days in which you have access to the Website.

17. Third party requirements

By subscribing, accessing and/or using the Website, you acknowledge that MiningBull displays the Information provided by the ASX as supplied via Refinitiv. You must comply with any directions by ASX or Refinitiv in respect of the use of the Information. MiningBull has obligations to both ASX and Refinitiv, including an express obligation to ensure that you comply with an requirements and conditions imposed by third party providers (ie the ASX and Refintiv). MiningBull will notify you within 7 days after it becomes aware of any changes to the requirements and conditions imposed by the ASX or Refinitiv that apply to you.

18. Cancellations by you

You may cancel your subscription to the Website at any time and for any reason, including if you no longer agree to be bound by these Terms of Use. Subject to any exceptions set out in this clause or these Terms of Use, if you cancel your subscription you will retain access to the Website until the end of your Subscription Period.

If you have an annual Subscription Period and you cancel your subscription within 30 days after a Renewal (see clause 7):

you are entitled to a full refund of the Subscription Fee for the applicable Subscription Period the subject of the Renewal; and
we will immediately, or as soon as reasonably practicable, terminate your access to the Website.

Subject to clause 16 and paragraph (a) above, MiningBull will not offer a refund for the portion of the Subscription Fee attributable to the remaining days in which you have access to the Website where you have cancelled your subscription in accordance with this clause.

19. Cancellations by us

We reserve the right to refuse service and/or cancel any accounts registered with us should these Terms of Use be violated or if we decide that it would be in MiningBull’s best interests. We will also cancel your subscription and/or access to the Website if:

the ASX notifies us that they suspect you have breached our licence conditions or these Terms of Use; or
Refinitiv’s arrangement with the ASX to distribute the Information is terminated, meaning our arrangement with Refinitiv ends.

If your subscription is cancelled by MiningBull, then MiningBull will refund the portion of the Subscription Fee attributable to the remaining days of the Subscription Period in which you will no longer have access to the Website. On the cancellation of your subscription by either party, you must ensure that any Information, whether properly or improperly retained, is deleted and/or destroyed.

20. Limitation of Liability

If you are a Consumer (as defined in section 3 of the Australian Consumer Law) and we supply goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services) to you, we acknowledge that you may have certain rights under the Australian Consumer Law in respect of the guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law (Consumer Guarantees) as they apply to the PDH Goods or Services supplied by us and nothing in these Terms of Use should be interpreted as attempting to exclude, restrict or modify the application of those rights.
If you are a Consumer and any goods or services supplied by us to you are non PDH Goods or Services, our liability to you in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods or Services is limited (at our discretion) to:
- in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of the goods; (C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and
- in the case of services: (A) supplying the services again; or (B) the payment of the cost of having the services supplied again.
Subject to clause 20(c), if you make a claim against us in connection with or arising out of these Terms of Use which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, our total aggregate liability arising in connection with all such claims shall be limited to an amount equal to the Subscription Fees paid by you during the 12 months preceding the events giving rise to such liability.
Subject to clauses 20(e) and 20(f), your total aggregate liability arising in connection with all claims MiningBull makes against you in connection with or arising out of these Terms of Use shall be limited to an amount equal to the Subscription Fees paid by you during the 12 months preceding the events giving rise to such liability.
Clause 20(d) does not apply in relation to any claim which MiningBull may make against you in respect of your obligation to pay the Subscription Fee.
Under no circumstances shall MiningBull be liable to you, or will you be liable to MiningBull, for any loss that does not flow naturally and directly from the relevant breach, negligence or other act or omission.

21. General terms

These Terms of Use are governed by the laws in force in Victoria, and the parties submit to the nonexclusive jurisdiction of the courts of Victoria and the Federal Court of Australia and any courts that may hear appeals from those courts about any proceedings in connection with these Terms of Use.

We reserve the right to make any changes and corrections to these Terms of Use at any time. When we amend these Terms of Use, we will publish a new version of the Terms of Use on our Website and notify you via email. You must review the updated Terms of Use prior to you continuing to access the Website. By continuing to access and/or use the Website after receiving notification of the new Terms of Use, you are acknowledging that you have read, understood and agreed to the terms and conditions set out in updated Terms of Use. If you do not accept the changes made to these Terms of Use then you may cancel your subscription in accordance with clause 18.

If any provision of these Terms of Use is held void, unenforceable or illegal, that provision will be severed, and the remaining provisions will have full force and effect.