These terms and conditions of business comprise the entire Agreement between Mininginvestor.org [MI] and you. Please read them carefully as they determine the terms of the relationship both parties agree to as the basis of their interaction and are legally binding. These terms and conditions adhere to industry norms and are not subject to renegotiation or one-off amendment. If you have any questions about them please speak to your MI contact or email us at: info@mininginvestor.org.
1. Placing an order:
You can order any Product by email, telephone, fax, mail or online. The relevant contact details for MI are available on our Sites, in our Products and on our marketing material. Our general office details are also included at the end of these terms and conditions. Orders placed by you for any of our Products and/or Services shall only be binding when accepted by us as acknowledged by an Order Confirmation. Please note that any person who places an Order on your behalf which is accepted by us can bind you legally. In the case of a Subscription Order, we reserve the right to have your Subscription go live once we have received credit card authorisation or cleared funds from you.
2. Pricing of Products and Services:
We provide the facility to order our Products and Services in a number of different currencies [see below] and are obliged to use exchange rates that will not always correlate with the most current. We will not provide refunds on perceived exchange rate differences nor accept payments made using exchange rates other than those used by us. While we try to ensure that all prices on our website and other marketing material are accurate and consistent, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
3. Payment and charges:
All payments made by you in relation to an Order must be made inclusive of VAT or other relevant purchase tax, if any, or similar tax, and shall be made in full at one time. MI will try to process your Order promptly but does not guarantee that all the benefits of the Product ordered will be available to you by any specified time. We will charge you in British Pounds Sterling, United States Dollars, or Euros depending on the Product and your country of residence. You may also have to pay any applicable local taxes. MI will notify you of any price increases prior to you renewing a Subscription. Eligibility for any discounts is ascertained at the time you order and cannot be applied retrospectively to an Order. In some cases when you pay for an Order by credit card your credit card company will apply extra charges to a transaction over and above the published fee. We do not receive any portion of such extra charges and the credit card holder is responsible for such charges.
4. Non-payment of fees to MI
MI expects to be paid for any Product ordered at the point of sale and no later than 30 days from the date of ordering unless agreed in advance between you and us. We reserve the right to pursue all necessary means, including the issuance of legal proceedings, to recover payment from you for Products and Services you have ordered from us if full payment has not been received within the agreed period. We also reserve the right to refuse subsequent orders for Products and Services from you or colleagues from the same institution as you until all outstanding payments owed to MI relating to orders made by you and/or others in the same institution have been cleared.
5. Ownership and intellectual property rights:
The legal and beneficial interest in all copyrights, patents, trademarks, service marks, design rights (whether registered or unregistered), database rights, proprietary information rights and all other proprietary rights as may exist anywhere in the world together with applications associated with any such rights (collectively "Intellectual Property Rights" or IPR) relating to the Material belong to us or our licensors or owner as indicated in the Material, as the case may be, at all times. You obtain no Intellectual Property Rights in the Products pursuant to or arising out of this Agreement. You shall fully indemnify MI in respect of any infringement of any IPR arising as a result of your use of the Product and any Material that is in breach of this Agreement. You shall allow us (or our licensors) to control any proceedings arising as a result of any infringement, threatened infringement or claim relating to the IPR. You shall make no admission as to liability nor agree any settlement or compromise of any action on our behalf. You shall, at our request and cost, offer such assistance as we may reasonably request in relation to any proceedings relating to our IPR. Any recovery obtained from such proceedings shall accrue solely for our benefit. If any infringement, threatened infringement or claim occurs in relation to any IPR, or if we consider that such a claim is likely to occur, we may in our absolute discretion:
All Clients acknowledge and agree that MI may edit and amend parts of the Material. Any such adjustment will have no meaningful impact on the meaning and validity of the Material, but will serve as a means of uniquely identifying the Material as having been supplied by us to you and the Client accepts that this is a legitimate and lawful measure for MI to undertake in order to protect our and/or our partners' intellectual property and copyright. All Clients also agree that in the event that any third party has access to Material that can be identified as having a Client's unique adjustments then a prima facie breach of these terms and conditions on the part of the Client may be assumed by MI and the necessary remedies undertaken by us as set down in these terms and conditions.
6. License agreement:
All Subscriptions to a Product are purchased subject to the terms of a Single User or Multi-user License Agreement as outlined below.
7. Warranties:
MI makes all reasonable efforts to ensure the Material is provided to Clients in accordance with any specifications set out in the Order Confirmation and accepted by us. We do not warrant that the Material will meet your requirements or that it will be complete, error free or delivered without interruption. Except as expressly set out in this Agreement, all undertakings are excluded to the maximum extent permissible by law. You assume sole responsibility for the selection, suitability and use of the Product or Service and acknowledge that except as stated above we do not provide any additional warranties or guarantees relating to the Material. By using the Product or Service, you agree that any Material provided is only for your general information and use and is not intended to address your particular requirements. In particular, the Material does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us or any of our employees and is not intended to be relied upon by Users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) a Site are at your sole discretion and responsibility. Any information that you receive via the Site whether or not it is classified as "real time", may have ceased to be current by the time it reaches you and any share price information may be rounded up/down and therefore not entirely accurate. MI Media is not responsible for any use of the Material by you outside its scope as stated in these terms and conditions.
8. Limitation of liability:
MI shall not be liable to you for any direct, indirect or consequential loss, including loss of actual or anticipated profits, revenue, goodwill, anticipated savings or data, whether arising from negligence, breach of contract or otherwise. Our liability in contract, tort or otherwise arising out of or in connection with the Agreement shall in respect of any one or more incidents not exceed the total Payment received by us from you for the Product in the 12 months preceding the date the claim occurs. A Client also accepts that MI has from time to time used sources in providing the Material whose legitimacy and accuracy we have used reasonable endeavours to confirm, and that if the Client believes that any of the information contained in the Material is inaccurate or misrepresented, you will bring this to the notice of MI and provide information to assist us in correcting any such deficiencies, and that the Client will take no further action in law with respect to such alleged inaccurate or misrepresented information. The Client further agrees that MI will endeavour to rectify such deficiencies in good faith, and that such action will be deemed to fulfil our obligations to the Client.
9. Confidentiality:
Neither party shall, except as strictly required to perform its rights and obligations, use, copy, adapt, alter, disclose, publicise or in any way part with possession of any information of the other which comes into its possession as a result of the Agreement, including the existence and terms of the Agreement. This obligation shall not apply to any information:
(a) which the receiving party can prove was in its possession at the date it was received or obtained; or (b) which the receiving party obtains from another person with good legal title thereto; or (c) which comes into the public domain otherwise than through the default or negligence of the receiving party; or (d) which is independently developed by or for the receiving party.
10. Notices:
Any notice, invoice or other Document shall be duly given by MI if sent by email, post or facsimile to the individual contact using the details as supplied to us. You should direct all communication to your MI contact person as well as to our customer services manager located at our London office [details given below].
11. Force Majeure:
MI shall not be liable for any delay or failure to perform any obligation under this Agreement insofar as the performance of such obligation is prevented by an event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of sources from which data is obtained.
12. Online Access:
Where the Material is to be delivered through our Sites we will, in the absence of any breach of the Agreement by you or any modification to the term agreed in advance by both parties, provide online access to the Material for a standard period of 12 months from the date the Order is accepted by us and you have access User access to the relevant Site. All of our Subscriptions have a standard minimum duration of 12 months. MI will use all reasonable efforts to make online access continuously available throughout that period but cannot guarantee that the online access will operate continuously or without interruptions or that it will be error free and we do not accept any liability for its unavailability.
13. Viruses, hacking and other offences:
You must not misuse any of our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any Site, the servers on which any Sites are stored or any server, computer or database connected to any Site. You must not attack any Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you might commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately and any Subscriptions or other Orders related to you will be terminated without refund. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
14. Links from and to our Sites
Where a Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You may link to our home page, provided you do so in a way that is fair and legal and which in our reasonable opinion does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must only establish links from your own website. Our Site[s] must not be framed on any other website, nor may you create a link to any part of our Site[s] other than the home page without our written permission. We reserve the right to withdraw linking permission without notice.
15. Further Provisions:
The Agreement constitutes the entire understanding between the parties relating to the Material and supersedes any previous agreements and understandings whether oral or written relating to Orders, Products or Material. In the event of any inconsistency between these terms and conditions and the Order, the Order shall prevail. The Agreement may only be varied in writing signed by an authorised representative of each party. Failure at any time to enforce any of these terms and conditions or to require performance by the other party of any such term or condition shall not be construed as a waiver of such provision or affect the right of either party to enforce the same. If any provision is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent. The Agreement does not confer any rights to or on any third party.
16. Privacy policy:
We process information about you in accordance with our Privacy Policy. By using the Site or by placing an Order, you consent to such processing and you warrant that all data provided by you is accurate and up to date.
17. Changes to these terms and conditions:
We may change these terms and conditions from time to time and will make all reasonable efforts to notify Users and Clients of such amendments. Users and Clients are also expected to check these terms and conditions regularly to ensure ongoing compliance with the current terms and conditions. If you do not agree to any changes to these terms and conditions, you should cease using the Site and contact us via email: info@mininginvestor.org.
18. Governing law:
These terms and conditions shall be governed by, and construed in accordance with, English law. To the extent possible in the applicable jurisdiction, you and MI irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in this Document are for convenience only and will have no legal meaning or effect.
Books and directories
1. Cancellation:
MI provides detailed contents and sample extracts of our books and directories on our Sites to ensure customers know what they are buying. We recommend you always make full use of this information and if necessary discuss your needs with our customer services team before ordering. We do not provide a refund once a purchase of a book or directory has been made and an Order has been delivered.
2. Delivery:
MI will send your book or directory to you by courier. However, MI is not responsible for local charges for customs clearance in your destination country. It is the Client's responsibility to arrange for any payment relating to local customs charges and MI will not be responsible for any such charges or related delays in delivering the order to you.
3. Reproduction:
All of our books and directories are protected by copyright and Clients are not allowed to reproduce any part or all of a book or directory in any format without the prior written permission from MI. MI provides a cost effective incremental discount on bulk orders of any of our books or directories as well as providing a reprint service for extracts also: please talk to our customer services team for more details.
Conferences
1. Conference fee:
The Conference fee entitles the Delegate to attend all Conference sessions and refreshment breaks, including lunch and any cocktail reception associated with the event. The fee also includes Conference materials, which will be presented to the Delegate at the Conference and any subsequent materials made available to Delegates online after the Conference. Where applicable all Conference Delegate fees will be subject to local purchase tax rates.
2. Payment:
Payment in full must be made to MI prior to the Conference taking place. Payments can be made by American Express, Visa, MasterCard, company cheque or by wire transfer. If registering four (4) weeks or closer to the Conference date, delegates MUST pay by credit card.
3. Delegate cancellation and non-attendance:
Any cancellation received more than fourteen (14) days prior to the Conference will be subject to a charge of 50% of the fee already paid or payable. All cancellations must be made in writing (by letter, fax or email - proof of delivery will be required) to the contact provided by MI on the relevant Site. No refunds will be made for cancellations made within 14 days of an event but any such cancellations will receive a 100% credit to be used at another MI Conference for up to 12 months from the date of issuance. This policy is necessary due to our advance guarantee obligations and the costs associated with running the Conference. Please also note that you can substitute another person instead of cancelling [see below]. If you do not advise MI that you are cancelling your delegate place[s] or that you are substituting another person or people in your place[s] then you remain liable for the full delegate fee[s]. Non-attendance at the conference does not waive your liability to pay for the delegate place[s] booked by you or on your behalf and MI reserves the right to use all necessary means to receive payment from you, including the issuance of legal proceedings.
4. Substitution policy:
Substitutions within organisations may be arranged as long as MI is notified in writing in advance of the Conference. No substitutions may be made with a Delegate from another company and under no circumstances can a delegate registration be shared.
5. Postponement:
In the event that MI postpones a Conference, delegates registered for the Conference have the option to either wait to attend the Conference at the rescheduled time [MI to retain the Delegate payment if already made] or to have the payment credited to a future MI event. This credit will be available for use for the next 12 months from the date that the credit is issued by MI.
6. Conference cancellation:
If MI is obliged to cancel any Conference then any Client will be offered the choice of either transferring their registration to another MI Conference of their choice that is scheduled in the next 12 months or to receive a full refund of any payment received by MI for that particular Conference from that Client. Any refunds will be made within 30 days of written notice having been issued by MI that the Conference has been cancelled.
7. Force Majeure:
If for any reason beyond MI's reasonable control (including but not limited to: strikes; acts, regulations or orders of governmental authorities; civil disorder; disasters; acts of terrorism; acts of war; acts of God) it is impossible to run a Conference, MI will as a first choice look to postpone the Conference [see Postponement above] but reserves the right to retain some or all delegate fees as a contribution to all venue and administrative costs incurred.
8. Travel and accommodation:
MI is not accountable for booking any transportation or accommodation required by Delegates nor for any transfers to and from the conference venue. Although MI will work with the hotel hosting a Conference to secure a preferential delegate rate for those attending the Conference there, MI makes no assurances as to the availability of this rate nor of the hotel services offered. MI will not accept liability for any public or individual transport disruption or deferral. In such circumstances, our standard cancellation policy applies.
9. Speakers and agenda:
Please be aware that all speakers were confirmed at the time of the published agenda, however, circumstances beyond the control of MI may necessitate substitutions, alterations or cancellations of the speakers and/or topics. MI reserves the right to alter or modify the advertised speakers and/or agenda topics if necessary. Please visit the relevant Site, which is updated regularly.
10. Acceptance of registration:
MI reserves the right to decline a registration for a Conference for any reason at any time up to and including the first day of the Conference. MI will refund any payment in full relating to any such registration that MI chooses to decline within 30 days of notifying the Delegate of this decision.
Subscriptions
1. Types of Subscription and Subscription options:
MI offers a number of different Subscription options to Clients, currently classified as silver, gold and platinum. These different levels of Subscription provide a range of benefits and access to differing amounts and type of Material. You should visit the relevant Site[s] to determine which Subscription for which Product best suits your requirements but the following terms and conditions apply to any Subscription you purchase. Most commonly you can buy either a single user or multi-user subscription when the latter enables no more than three Personnel the benefits of a Subscription. All of our Subscriptions have a standard duration of 12 months. You may upgrade your Subscription to a higher level at any time with the new Subscription lasting for a 12 month period. You may be able to arrange for a Trial of one or several Subscriptions that interest you by speaking to your MI contact or by emailing us at: info@mininginvestor.org. If you or other Personnel take a Trial then you are subject to these terms and conditions wherever applicable during the entire term of the Trial period.
2. Subscription termination
MI reserves the right to terminate a Subscription without notice if in our reasonable opinion we consider that Subscription is being used in ways that contravene the terms described herein. This can include evidence of multiple and/or simultaneous access to Material by User[s]. In these cases, no refund will be given. See also section 6 below.
3. Multi-user subscriptions of more than three Users
These terms and conditions apply to all types of subscription including those multi-user subscriptions that are for more than three Personnel. To arrange for such a Subscription you should speak to your MI contact or email us at info@mininginvestor.org.
4. Terms and conditions applying to a Single User Subscription:
When a Trial is taken or a Single User Subscription is purchased by you (relating to both hard copy and/or electronic forms of Material and regardless of the means of access or delivery) you may:
B. When a Trial is taken or a Single User Subscription is purchased by you (relating to both hard copy and/or electronic forms of Material and regardless of the means of access or delivery) you may not:
5. Terms and conditions applying to a Multi-user subscription:
A. When a multi-user subscription is purchased, the Client has typically purchased the right to have 3 Users have access to the features of that Subscription as detailed by the relevant Site. In relation to the Subscription the Client has purchased, each User will receive a username/password as part of their Subscription. Users may not share their username/password with anyone else. When a multi-user subscription is purchased by a Client (relating to both hard copy and/or electronic forms of Material and regardless of the means of access or delivery) the Client may:
B. When a Multi-User Subscription is purchased by you (relating to both hard copy and/or electronic forms of Material and regardless of the means of access or delivery) you may not:
6. Subscription cancellation:
Once you have purchased a silver or gold level Subscription you may cancel the Subscription within 30 days from the date of the Subscription going live [that is, the date when you have access to all the benefits of the Subscription you have ordered]. Please note that if you cancel a platinum Subscription at any time after the Subscription has gone live, no refund is available. A Client should make full use of the trial offer available for a platinum subscription before placing an Order. All cancellations must be made in writing [by letter, fax or email - proof of delivery will be required] and sent to the Head of Customer Services at MI's registered London address or by email: info@mininginvestor.org. If you cancel a silver or gold level subscription within the first 30 days you will receive a refund representing 75% of your Subscription payment. Refunds will be made within 30 days of MI confirming the cancellation. No refund will be given if a silver or gold Subscription is cancelled once thirty days have passed from the Subscription going live. Likewise, MI reserves the right to terminate a Subscription at any time and without any refund if in our reasonable opinion that Subscription has been subject to activity outside the terms of use stipulated in these terms and conditions. Please note you can substitute a User rather than cancelling a Subscription [see below].
7. User substitution.
A User can choose to substitute a replacement person/people from the same Client to replace themselves as the User[s] for a Subscription by emailing our customer services team at info@mininginvestor.org. MI reserves the right to refuse a substitution request if, for example, it requires a subscription to be transferred to a different institution or Client. If a substitution is refused our standard cancellation policy applies.
8. Subscription queries:
If you have any questions about which Subscription to purchase or about a Subscription you have purchased please speak to your MI contact or email us at: info@mininginvestor.org
User Generated Content
Our Sites include areas where comments and discussion can be posted publicly and which allow interaction between Users and between Users and MI personnel. Information posted to our Sites by Users is called User Generated Content or UGC. We encourage legitimate Users to participate in these ways on the understanding they adhere to any rules posted by us on the Sites. You will retain ownership of the copyright in any of your UGC that you or we publish on our Sites so you are free to re-use it as you wish. You confirm that if you post UGC to any of our Sites then you are granting MI a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on our Sites or otherwise, without any requirement to pay you for this and with or without attribution to you. You therefore grant MI a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC. You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the rules given below or that otherwise relate to your UGC.
You undertake and agree that you will:
Our Sites will contain UGC submitted by Users over whom we have no control so MI cannot guarantee the accuracy, integrity or quality of any UGC. You must be aware that other Users may not participate in posting UGC in a reasonable way and may post UGC that is misleading, untrue or offensive. You should understand that MI cannot fully monitor all UGC published on our Sites but where we have actually received written notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from the Site and act accordingly. If you believe that any UGC published on any of our Sites infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at info@mininginvestor.org.