About these Terms
The Platform is operated by Publications & Exhibitions Australia Pty Ltd ABN 28 112 572 433 (MiningEdge, we, us or our).
By creating an account, purchasing a subscription, clicking to accept these Terms, or accessing the Platform, the Customer agrees to be bound by these Terms. If an individual accepts on behalf of an organisation, that individual warrants that they have authority to bind the organisation.
Definitions and interpretation
1.1
Account means the credentials and workspace through which an Authorised User accesses the Platform.
1.2
Authorised User means an employee or individual contractor of the Customer who is expressly allocated a user seat and uses the Platform only for the Customer's internal business purposes.
1.3
Customer means the person or organisation that accepts these Terms, opens an Account or purchases a Subscription.
1.4
Data means information made available through the Platform, including company, project, mine, procurement, tender, opportunity, role and professional contact information, whether displayed individually or as part of a report, alert, analysis or result.
1.5
Fees, Plan, Subscription Period and Usage Limits mean the charges, features, seat count, access period and limits displayed at checkout, in an order form or in the Account.
1.6
Loss includes loss, damage, liability, cost, expense, charge, penalty and reasonable external legal cost.
1.7
A reference to law includes subordinate instruments and amendments. Including and similar words do not limit what follows. Headings are for convenience only.
Eligibility, authority and business use
2.1
The Platform is supplied for genuine business and professional purposes. It is not intended for personal, family or household use.
2.2
The Customer must be at least 18 years old and legally capable of entering a contract. A Customer acting for an organisation must ensure that its Authorised Users comply with these Terms.
2.3
The Customer is responsible for all activity under its Account, except to the extent caused by our breach of these Terms, negligence or security failure.
Accounts and access security
3.1
The Customer must provide accurate, current information and keep it updated.
3.2
Each seat is personal to one Authorised User. Credentials must not be shared, pooled or made available to another person. A seat may be reassigned when an Authorised User permanently changes, subject to reasonable administrative limits.
3.3
The Customer must use reasonable security measures, promptly disable departing users, and notify us without undue delay of suspected unauthorised access or misuse.
3.4
We may use reasonable technical controls to enforce seat, rate and Usage Limits and to investigate suspected misuse. We will do so consistently with our Privacy Policy and applicable law.
Subscription, fees and renewal
4.1
The selected Plan, Fees, billing interval, Subscription Period and any minimum commitment will be clearly disclosed before purchase or recorded in an order form.
4.2
Fees are in Australian dollars and exclusive of GST unless stated otherwise. The Customer authorises us and our payment processor to charge the agreed Fees and applicable taxes using the nominated payment method.
4.3
If a Plan renews automatically, the renewal frequency, renewal price or pricing method, and cancellation method will be disclosed before purchase. The Customer may stop a future renewal through the Account or by written notice before the renewal date. Cancellation takes effect at the end of the then-current paid Subscription Period unless law requires otherwise.
4.4
We may change Fees for a future renewal by giving reasonable advance notice. If the Customer does not accept the new Fee, it may cancel before renewal without a cancellation penalty. We will not retrospectively increase Fees for a paid Subscription Period.
4.5
Fees already paid are non-refundable for change of mind or unused access, except where these Terms, an order form or applicable law provides otherwise.
4.6
If a payment is overdue, we may give notice and a reasonable opportunity to remedy before suspending paid features. We may charge reasonable recovery costs actually incurred, to the extent permitted by law.
Licence to use the Platform and Data
5.1
Subject to payment of Fees and compliance with these Terms, we grant the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence during the Subscription Period to:
- access the Platform through its Authorised Users within the Plan and Usage Limits;
- view and use Data internally for lawful market research, account planning, supplier discovery, opportunity assessment and targeted B2B engagement; and
- record limited Data about individual prospects in the Customer's internal CRM or working records when reasonably necessary for a specific, genuine business-development activity.
5.2
The licence does not transfer ownership of the Platform, the database, its selection or arrangement, reports, software, branding or other intellectual property.
5.3
Access to Data is a licensed service, not a sale or unrestricted delivery of a dataset. Any right not expressly granted is reserved.
Acceptable use of professional contact Data
6.1
The Customer may use professional contact Data only where it has a genuine and reasonably relevant business purpose connected with the person's role or organisation.
6.2
Before contacting a person, the Customer must independently assess whether the proposed communication is lawful, relevant and appropriate and must comply with all applicable privacy, direct-marketing, electronic communications, telemarketing, do-not-call, anti-spam and consumer-protection laws.
6.3
The Customer must:
- identify itself accurately and not impersonate MiningEdge, the listed person, a mine owner, project owner or another organisation;
- use reasonable targeting and frequency controls and avoid repetitive, deceptive, harassing or indiscriminate outreach;
- honour opt-outs, objections, suppression requests and unsubscribe requests promptly and maintain its own suppression records;
- provide any notices required when it collects or uses personal information obtained through the Platform; and
- keep its own records sufficient to demonstrate compliance.
6.4
The presence of contact Data on the Platform does not represent consent to receive marketing, an endorsement of the Customer, or a guarantee that any particular communication is lawful.
Prohibited conduct
7.1
The Customer and each Authorised User must not, directly or indirectly:
- sell, resell, rent, licence, sublicense, distribute, publish, disclose, supply or otherwise make Data available to any third party, whether for payment or free of charge;
- copy, download, capture, extract, export or retain Data in bulk, including by browser automation, scripts, bots, crawlers, plug-ins, extensions, screen scraping, screen recording, OCR, API calls not authorised by us, manual repetition designed to defeat limits, or any similar means;
- aggregate Data with other sources for the purpose of creating, enhancing, validating or commercialising a directory, contact list, data broker service, enrichment service, lead database, market-intelligence product or other competing or substitute dataset;
- use Data or Platform output to train, fine-tune, ground, evaluate or improve an artificial-intelligence or machine-learning model, or submit Data to a third-party AI service, except for a private enterprise tool approved by us in writing and configured not to retain or train on the Data;
- use Data for spam, unlawful direct marketing, indiscriminate mass outreach, address harvesting, robocalling, deceptive practices, harassment, stalking, surveillance, discrimination, profiling for high-impact decisions, or any unlawful purpose;
- use Data to make decisions about employment, credit, insurance, housing, eligibility, health, safety, law enforcement or another decision that produces legal or similarly significant effects for an individual;
- attempt to identify or infer sensitive information, private contact details or personal circumstances not expressly supplied through the Platform;
- circumvent or interfere with authentication, rate limits, Usage Limits, access controls, security features, robots instructions or technical restrictions;
- reverse engineer, decompile, disassemble, probe or test the Platform, except to the limited extent that such restriction cannot lawfully apply;
- share Accounts, exceed purchased seats, provide bureau or managed-service access for third parties, or use one Plan for multiple unrelated organisations;
- remove proprietary notices, misrepresent the source or currency of Data, or represent that MiningEdge has verified, endorsed or guaranteed a person, supplier, opportunity or project; or
- use the Platform in a way that infringes another person's rights, introduces malicious code, disrupts the Platform, or exposes us or another person to legal or regulatory risk.
7.2
A prohibition on resale or redistribution applies to raw Data, substantial extracts, repeated insubstantial extracts, reformatted Data and materially equivalent datasets, whether or not combined with other information.
Procurement opportunities and third-party dealings
8.1
Procurement Pulse and similar features may reproduce or summarise publicly available opportunities or information provided by project owners, principals, contractors or other third parties.
8.2
Unless expressly stated, MiningEdge does not issue or manage those opportunities, receive submissions, select contractors, make awards or act as agent for any listed party.
8.3
The Customer must independently verify scope, eligibility, deadlines, submission methods, contact details and current status with the relevant issuer before relying or acting.
8.4
Any communication, quotation, contract, payment or dispute between a Customer and another user or third party is solely between those parties. We are not responsible for a third party's acts or omissions, subject to rights that cannot lawfully be excluded.
Data quality and availability
9.1
We use reasonable processes intended to source, curate and update Data, but professional roles, contact details, projects and opportunities change frequently.
9.2
To the maximum extent permitted by law, we do not guarantee that Data is complete, current, accurate, unique, fit for a particular campaign, or that use will produce leads, sales, responses, awards or another commercial outcome.
9.3
The Customer must exercise professional judgment and independently verify material information before relying on it. The Customer should notify us of suspected inaccuracies or rights requests using the contact details below.
9.4
We may correct, update, suppress or remove Data where reasonably necessary for quality, privacy, legal or operational reasons.
Customer material and platform interactions
10.1
The Customer retains ownership of material it submits, including listing content, enquiries and feedback (Customer Material).
10.2
The Customer grants us a non-exclusive, worldwide licence during the period reasonably necessary to host, reproduce, format, transmit and display Customer Material solely to operate, secure and improve the Platform and provide the requested service.
10.3
The Customer warrants that it has the rights and permissions needed to submit Customer Material and that the material is accurate, lawful and does not infringe another person's rights.
10.4
We may remove Customer Material that reasonably appears unlawful, misleading, infringing, unsafe or inconsistent with these Terms, after notice where reasonably practicable.
Intellectual property and confidential features
11.1
MiningEdge and its licensors retain all rights in the Platform, software, compilation, taxonomy, selection, arrangement, reports, analysis, branding, designs, workflows and documentation.
11.2
These Terms do not claim ownership of facts or third-party material where ownership cannot arise. Restrictions on access, extraction, use, resale and redistribution operate as conditions of the contractual licence in addition to any intellectual property, confidentiality or other rights.
11.3
Non-public Platform features, pricing, access methods, reports, schemas, usage metrics and documentation made available to a Customer are our confidential information. The Customer must protect them using at least reasonable care and use them only to receive the service. This does not apply to information that is public through no breach, independently developed without use of our information, or lawfully received without restriction.
Monitoring, verification and suspected misuse
12.1
We may monitor usage metadata and technical signals reasonably necessary to secure the Platform, enforce Usage Limits, detect scraping or Account sharing, respond to complaints and comply with law.
12.2
If we reasonably suspect a material breach, we may ask the Customer for information reasonably necessary to verify compliance. The Customer must cooperate, but is not required to disclose legally privileged material or unrelated confidential information.
12.3
Where reasonably practicable, we will give notice and an opportunity to explain or remedy before restricting access. We may act immediately where necessary to prevent ongoing extraction, security harm, unlawful conduct, privacy harm or material risk to another person, and will review the restriction promptly if the Customer disputes it.
Suspension and termination
13.1
Either party may terminate at the end of the Subscription Period by preventing renewal in accordance with clause 4.
13.2
A party may terminate for material breach if the breach is not remedied within 10 business days after written notice, or immediately if the breach cannot be remedied, the other party becomes insolvent, or continued performance would be unlawful.
13.3
We may suspend access to the extent reasonably necessary under clause 12.3 or for overdue payment after notice under clause 4.6. Suspension will not extend beyond what is reasonably necessary to address the relevant issue.
13.4
On expiry or termination, access ends and the Customer must stop using the Platform and delete Data retained from the Platform, except:
- limited records lawfully incorporated into genuine CRM records before termination, which remain subject to clauses 6 and 7;
- suppression records needed to honour an objection or opt-out; and
- records required by law, which must be secured and used only for that purpose.
13.5
Clauses intended by their nature to continue survive, including clauses 6, 7, 11, 14, 15, 16 and 19.
Privacy
14.1
Our collection and handling of personal information is described in the MiningEdge Privacy Policy, which is incorporated by reference to the extent relevant to use of the Platform.
14.2
Each party is independently responsible for its own compliance with applicable privacy and direct-marketing law. Unless expressly agreed in writing, MiningEdge does not act as the Customer's agent or processor when the Customer obtains and uses Data for its own business purposes.
14.3
The Customer must promptly notify us if it receives a request or complaint that principally concerns the accuracy, source, suppression or removal of Data on MiningEdge, without disclosing more personal information than necessary.
Statutory rights and warranties
15.1
Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
15.2
Subject to clause 15.1 and to the maximum extent permitted by law, implied warranties and conditions are excluded.
15.3
Where a non-excludable guarantee applies and the services are not ordinarily acquired for personal, domestic or household use, our liability is limited, at our option and where permitted by law, to supplying the services again or paying the reasonable cost of having them supplied again.
Liability
16.1
Neither party is liable to the other for indirect or consequential loss, or loss of profit, revenue, opportunity, anticipated savings, goodwill or data, arising from these Terms, except to the extent such loss is a direct and reasonably foreseeable result of the breach or cannot lawfully be excluded.
16.2
Subject to clauses 15 and 16.3, each party's aggregate liability arising from or in connection with the Platform in any 12-month period is limited to the Fees paid or payable by the Customer for the Platform in that period.
16.3
The exclusions and cap in clauses 16.1 and 16.2 do not apply to:
- fraud, wilful misconduct or liability that cannot lawfully be limited;
- death or personal injury caused by negligence;
- the Customer's obligation to pay agreed Fees;
- the Customer's unauthorised extraction, resale, redistribution, disclosure or commercialisation of Data, infringement of our intellectual property, or breach of confidentiality; or
- a party's breach of privacy or security obligations to the extent caused by that party's acts or omissions.
16.4
Each party must take reasonable steps to mitigate Loss. Liability is reduced to the extent Loss was caused or contributed to by the other party or a person for whom it is responsible.
Indemnity for unlawful or unauthorised use
17.1
The Customer indemnifies MiningEdge against third-party claims, regulatory costs and direct Loss to the extent caused by the Customer's or an Authorised User's:
- unlawful marketing, privacy breach, misleading communication or misuse of Data;
- resale, redistribution, bulk extraction or creation of a competing dataset;
- Customer Material infringing another person's rights; or
- fraud, wilful misconduct or material breach of clauses 6 or 7.
17.2
The indemnity does not apply to the extent a claim or Loss was caused by our breach, negligence, wilful misconduct, inaccurate instruction or failure to take reasonable mitigating steps.
17.3
We must promptly notify the Customer of a claim, provide reasonable cooperation at the Customer's cost, and not settle a claim in a way that admits the Customer's liability or imposes a non-monetary obligation on it without consent, not to be unreasonably withheld.
Changes to the Platform and Terms
18.1
We may update the Platform and these Terms to improve functionality, address security or legal requirements, or make reasonable operational changes.
18.2
For a change that materially disadvantages the Customer during a paid Subscription Period, we will give reasonable advance notice. If the change is not required by law or security and materially reduces the purchased service, the Customer may terminate the affected Subscription before the change takes effect and receive a pro-rata refund of prepaid Fees for the unused affected period.
18.3
Urgent legal or security changes may take effect sooner, but we will give notice as soon as reasonably practicable.
Disputes, notices and general terms
19.1
A party claiming a dispute must give written notice describing the issue and the outcome sought. A manager from each party must attempt in good faith to resolve it within 15 business days before proceedings are commenced, except for urgent injunctive relief, debt recovery or a limitation period.
19.2
Notices to MiningEdge may be sent to accounts@australianminingreview.com.au or another address notified on the Platform. Notices to the Customer may be sent to the Account email. A notice is taken received when delivery is recorded, or on the next business day if sent after 5 pm at the recipient's location, unless the sender receives a failure notice.
19.3
These Terms are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and courts hearing appeals from them.
19.4
The Customer must not assign or transfer these Terms without our prior written consent, not to be unreasonably withheld. We may assign these Terms as part of a genuine sale, restructure or transfer of the MiningEdge business if the assignment does not materially reduce the Customer's rights, and we will notify the Customer.
19.5
Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations. The affected party must notify the other and take reasonable steps to minimise disruption.
19.6
If a term is invalid or unenforceable, it is to be read down to the minimum extent necessary, or severed if reading down is not possible, without affecting the remainder.
19.7
A waiver must be in writing and applies only to the specific instance. Delay in exercising a right is not a waiver.
19.8
These Terms, the applicable order form and documents expressly incorporated by reference form the entire agreement about the Platform. If there is inconsistency, a signed order form prevails over these Terms for the specific commercial terms it addresses.