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Terms of Use

These Terms of Use (“Terms”) govern your use of the website located at audaymining.com (“our Website”) and form a binding contractual agreement between you, the user of our Website and us, AUDAY Pty Ltd trading as AUDAY Mining Solutions.

For that reason, these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use or continue to use our Website. Our contact details can be found on the “Contact Us” page of our Website.

By using our Website, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use or continue to use our Website.

1.  Licence to Use Our Website Site

1.1  We grant you a non-exclusive, worldwide, non-transferable licence to use our Website in accordance with the terms and conditions set out in these Terms.

1.2  Our Website may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated or any content available on any linked website.

2.  Intellectual Property

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in all material appearing on our Website.

3.  Warranties

You represent and warrant to us that you have the legal capacity to enter these Terms.

4.  Liability

 4.1 To the full extent permitted by law, we exclude all liability in respect to loss of data, interruption of business or any consequential or incidental damages that results from using our Website.

4.2 To the full extent permitted by law, we exclude all representations, warranties, or terms (whether express or implied) other than those expressly set out in these Terms.

4.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claims to, at our option:

In the case of goods:

      • The replacement of the goods or the supply of equivalent goods.
      • The repair of the goods.
      • The payment of the cost of replacing the goods or of acquiring equivalent goods; or
      • The payment of having the goods repaired, and
  1.  

In case of services:

      • The supply of the services again; or
      • The payment of the cost of having the services supplied again.

5.  Termination

    • These Terms terminate automatically if, for any reason, we cease to operate our Website.
    • We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

6.  General

    • If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    • The Agreement will be governed by and construed to the laws of the State of South Australia and the Commonwealth of Australia. The parties agree to submit to the exclusive jurisdiction of the courts of the State of South Australia and agree that if any proceedings concerning this Agreement are to be commenced in a court of the Commonwealth of Australia, such proceedings will be filed in the South Australian registry of such a court.