Terms of Use
Canada
Thank you for visiting this website (this “Site”), which is provided by Burgundy Diamond Mines Ltd. and its affiliated companies (collectively, “Burgundy” or the “Company”).
Your access to and use of this Site is subject to the following terms of use (“Terms and Conditions”), our privacy policy (the “Privacy Policy”), which is hereby incorporated by reference herein, other notices posted on this Site, and all applicable laws and regulations. Please read these Terms and Conditions carefully before accessing and using this Site.
By accessing and using this Site, you signify your acceptance, without limitation or qualification, of these Terms and Conditions, and acknowledge that any other agreements between us are hereby superseded with respect to the subject matter of these Terms and Conditions. If you do not agree to and accept these Terms and Conditions, you are not authorized to use this Site, and you must exit this Site.
We may revise these Terms and Conditions from time to time and without notice the revised Terms and Conditions will take effect as of the date of posting. If you use this Site after these changes become effective, it will signify your agreement to be bound by the changes. We recommend that you visit this page periodically to review the current Terms and Conditions that apply to you. For your convenience, the date of the last update to these Terms and Conditions appears at the bottom of this document.
Currency of Website
The Company updates the information on this Site regularly. However, such information is not intended to be a comprehensive review of all matters and developments concerning the Company and the Company does not guarantee the accuracy, currency or completeness of the information and assumes no responsibility in this regard.
Ownership of Content and Trademarks
We have created this Site to provide information about our Company, and the products and services we offer. This Site and all of its content, including, without limitation, all text, images, photographs, illustrations, icons, video clips, audio clips, written and other materials (collectively, the “Content”) are owned and copyrighted by us or licenced to us from third parties. Furthermore, all trademarks on this Site, whether registered or unregistered, are owned by us or licenced to us or used under licence from third parties. The trademarks of others that are referenced in this Site are used for identification purposes only. Except as provided in these Terms and Conditions, your use of any Content or trademarks without the written permission of the relevant Content or trademark owner is strictly prohibited. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws, or applicable foreign laws, rules, regulations and treaties. You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution. Nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any trademarks displayed on this Site without our prior written permission or the third party who owns such trademarks.
Limited Right To Use This Site
- You may download and use the Content solely for your non-commercial, personal use, provided that you do not modify, delete or change any copyright, trademark, or other proprietary notices on or relating to this Site, including, without limitation, notices on any Content you transmit, download, display or reproduce from this Site. No licences or rights in the Content, expressed or implied, are granted by these Terms and Conditions, which rights are hereby reserved.
- Except as set forth above, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to sell, reproduce, distribute, modify, copy, transmit, display, reuse, reproduce, publish, licence, create derivative works from or based on, transfer, sell, publicly perform, report or otherwise use Content without the express prior written consent of the Company or the copyright or trademark owner of the Content if the Company is not the owner. Publishing or reproducing includes any uploading, downloading or accessing information on this Site onto the Internet or any other local or international computer system.
- To a limited extent you are permitted to post or upload information or data to this Site. However, you are prohibited from using this Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability, violate any law or otherwise violate the rights of any person or company.
- You are prohibited from using this Site to advertise or perform any commercial solicitation.
- If you violate any of these Terms and Conditions, your permission to use this Site and the Content will automatically terminate and you must immediately destroy any and all copies you have made of the Content. Any unauthorized use of the Content by you may violate copyright laws, trademark laws, the laws of privacy, publicity and personality rights, and/or communications regulations and statutes.
Your Submissions
Any personally identifiable information you transmit or upload to this Site will be treated by Burgundy in accordance with the Privacy Policy.
Disclaimer of Warranties
This Site, including all of its content, is subject to change and is provided to you “as is,” “where-is,” “as available,” and with “all faults,” and without any warranty, representation or condition of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, availability, or accuracy, reliability and timeliness. All implied representations, warranties and conditions relating to this Site and all of its content are hereby disclaimed. Without limiting the foregoing, the Company does not warrant that the functional aspects of this Site will be error free or that this Site or the server(s) that makes it available are free of viruses or other possibly harmful elements. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
Your use of this Site is at your own risk. Neither Burgundy nor any of its subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, employees, suppliers, representatives or agents are liable for any loss of use, interruption of business, lost profits or lost data, direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of this Site or use of the content on this Site including without limitation any inaccuracy or omission in such content or failure to keep the content current or the use of any third party websites linked to this Site, whether based on contract, tort (including negligence), strict liability or otherwise, even if they have been advised of the possibility of any such damages. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
Third Party Content
This Site may offer you links to other websites that are owned or operated by third parties. Such links are provided for your convenience only. If you access the link to any of these sites, you do so at your own risk. We do not control, and are not responsible for, the content or privacy practices of such sites.
Termination
We may terminate your use of this Site for any reason, in our sole discretion, with or without notice to you. You also agree that we may modify or discontinue this Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms and Conditions and the Privacy Policy, including, without limitation, any warranties and limitations of liability listed herein shall survive any such termination.
Representation
You represent and warrant that you are at least eighteen (18) years of age. You warrant that you will use this Site in accordance with these Terms and Conditions and all applicable laws and regulations.
General Provisions
We make no representation that the Content is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws, rules and regulation, keeping in mind that access to certain Content may not be legal by certain persons or in certain countries.
These Terms and Conditions, and any rights, licences and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by the Company without restriction and without notice to you. These Terms and Conditions are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You agree that the courts of the Province of British Columbia shall have sole and exclusive jurisdiction over any action at law or inequity arising from your use of this Site and these Terms and Conditions, and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts. For the avoidance of doubt, this choice of British Columbia law does not have the effect of incorporating into these Terms and Conditions in whole or part any British Columbia statute or regulation if the scope of application of the statute or regulation or any provision of the statute or regulation would not otherwise include these Terms and Conditions. Our waiver of a breach of any provision of these Terms and Conditions shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating any remaining provisions of these Terms and Conditions or rendering such provision unenforceable in any other jurisdiction.
Photo Libraries
The images on this website are the copyright of Burgundy unless otherwise specified. These images are made available in good faith and on the basis that:
- any reproduction of these images will include the following acknowledgement adjacent to the images used – “Copyright © Burgundy Diamond Mines Ltd.”;
- these images may not be altered in any way; and
- these images will not be used in connection with any purpose that is detrimental to Burgundy, its officers or employees or any other third party.
Australia
This website has been prepared by Burgundy Diamond Mines Limited (“Burgundy”). This website contains background information about Burgundy’s current at the date of this website. The website is in summary form and does not purport to be all inclusive or complete. Recipients should conduct their own investigations and perform their own analysis in order to satisfy themselves as to the accuracy and completeness of the information, statements and opinions contained in this website.
This website is for information purposes only. Neither this website nor the information contained in it constitutes an offer, invitation, solicitation or recommendation in relation to the purchase or sale of shares in any jurisdiction. This website may not be distributed in any jurisdiction except in accordance with the legal requirements applicable in such jurisdiction. Recipients should inform themselves of the restrictions that apply in their own jurisdiction. A failure to do so may result in a violation of securities laws in such jurisdiction.
This website does not constitute investment advice and has been prepared without taking into account the recipient’s investment objectives, financial circumstances or particular needs and the opinions and recommendations in this representation are not intended to represent recommendations of particular investments to particular investments to particular persons. Recipients should seek professional advice when deciding if an investment is appropriate. All securities transactions involve risks, which include (among others) the risk of adverse or unanticipated market, financial or political developments.
To the fullest extent permitted by law, Burgundy, its officers, employees, agents and advisers do not make any representation or warranty, express or implied, as to the currency, accuracy, reliability or completeness of any information, statements, opinion, estimates, forecasts or other representations contained in this website. No responsibility for any errors or omissions from this website arising out of negligence or otherwise is accepted.
This website may include forward-looking statements. Forward-looking statements are only predictions and are subject to risks, uncertainties and assumptions which are outside the control of Burgundy. Actual values, results or events may be materially different to those express or implied in this website. Given these uncertainties, recipients are cautioned not to place reliance on forward-looking statements. Any forward-looking statements in this website speak only at the date of issue of this website. Subject to any continuing obligations under applicable law and ASX Listing Rules, Burgundy does not undertake any obligation to update or revise any information or any of the forward-looking statements in this website or any changes in events, conditions or circumstances on which any such forward-looking statement is based.