Terms of Use
PLEASE READ THIS “TERMS OF USE” AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE (THE “SITE”). BY ACCESSING AND USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Last modified on February 18, 2021.
This Agreement sets forth the terms of use for the Site operated by New Pacific Corp. (“New Pacific” or the “Company”) at www.newpacificmetals.com. New Pacific reserves the right to change, modify, add or remove portions of this Agreement at any time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, via posting on the Site. Your continued use of the Site after such notice shall be deemed to be constitute acceptance of such changes, revisions or modifications.
Scope of Use
New Pacific invites you to view, use and download a single copy of the Site for your informational, personal, non-commercial use. Except as otherwise provided herein, no part of any materials, information, software, products or services included in or available through the Site may be copied, downloaded or stored in a retrieval system, nor may the same be used, modified, reproduced, republished or redistributed for any purpose, without the express written permission of New Pacific.
Copyright and Trademarks
Copyright: The Site content is the exclusive property of the Company or, as applicable, its suppliers and partners, and is protected under the copyright laws of Canada and other countries. All rights are reserved. Any infringement of the Company’s rights will result in appropriate legal action.
Trademarks: The Company’s trademarks are valuable assets and the Company takes infringement of them seriously. All names, marks, brands, titles, slogans, logos, icons, graphics, trade dress or trade names, designs and other designations within the Site are registered and unregistered trade-marks of the Company and other parties (collectively, “Trademarks”) in Canada and other countries. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or the applicable Trademark owner. Misuse of any Trademark or the Site content by you is strictly prohibited.
Confidentiality
The Internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the Internet between you and New Pacific cannot be ensured. New Pacific is not responsible for any damages you may suffer if you communicate confidential information over the Internet or if New Pacific communicates such information to you at your request.
Compliance with Laws
You agree to comply with all laws, rules and regulations applicable to your use of the Site.
Links to Third Party Websites
The Site contains links from the Site to several other third party websites materials, sites, information, products, or applications (collectively, the “Third Party Services”). The Third Party Services are not under the control of New Pacific, and you acknowledge and agree that New Pacific is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of such Third Party Services. The inclusion of such a link does not imply endorsement of the website by New Pacific or any association with its operators, New Pacific disclaims all liability with respect to the Third Party Services, including, but not limited to, your access to and/or use of the same.
User Provision of Personal Information to New Pacific
When you provide information about yourself to New Pacific, you agree to: (a) provide accurate, current and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate or incomplete, or New Pacific has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, New Pacific has the right to suspend or terminate any account you establish in connection with your use of the Site and refuse any and all current or future use of the Site or any portion thereof.
Use of Personal Information
New Pacific collects, uses, and discloses your personal information in accordance with the privacy policy of the Company (the “Privacy Policy”). The Privacy Policy is incorporated into the Terms of Use and is available at https://staging.newpacificmetals.com/privacy. By providing information to New Pacific, you consent to the use of such information in accordance with the Privacy Policy.
User Content on the Site
You understand that all information, data or other materials that are transmitted in connection with the Site by you or another user (“User Content”) are the sole responsibility of the person from whom such User Content originated. This means that you, and not New Pacific, are responsible for all User Content that you email, transmit or otherwise make available in connection with the Site. Under no circumstances will New Pacific be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content emailed, transmitted or otherwise made available in connection with the Site. In connection with your User Content, you represent, warrant and agree with the Company as follows: (a) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties; (b) no User Content infringes, misappropriates or violates the rights (including, without limitation, any intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority; (c) your User Content and the Company’s use thereof as contemplated hereby does not violate any contract, law, rule or regulation of any government authority; (d) the Company may exercise rights to your User Content without liability for payment of any fees or royalties payable; and (e) to the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.
User Conduct
In connection with your use of the Site, you agree not to:
1. email, transmit or otherwise make available any material of any kind (including User Content) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable, or harms minors in any way or that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation;
2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted in connection with the Site;
4. email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
6. email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
7. email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. interfere with or disrupt the operation of the Site or servers or networks connected to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site, or use the Site to gain unauthorized access to any computer systems;
9. collect or store personal data about other users; or
10. copy, reproduce, republish, upload, post, transmit, distribute, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or any of the content thereon other than as may be expressly permitted in writing by the Company (and only provided you do not modify it or alter or remove any marks, disclaimers or copyright or trade-mark notices) or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws.
Social Media
New Pacific may use various social media channels from time to time. The Social media Disclaimer is incorporated into the Terms of Use and is available at https://staging.newpacificmetals.com/disclaimer.
Grant of Limited License
By submitting User Content to the Site, you (i) grant New Pacific and its affiliated and associated companies a world-wide, perpetual, permanent, transferable, royalty-free, non-exclusive, and unrestricted license to use, copy, reproduce, display, perform, adapt, modify, edit, translate, publish, distribute, have distributed and promote the User Content in any form, anywhere and for any purpose, subject to New Pacific’s Privacy Policy; and (ii) waive all moral rights in all User Content in favour of the Company and those authorized by the Company to use such User Content. You represent and warrant that you own, or otherwise control, all rights in and to any such User Content, and that public posting and use of your User Content by New Pacific will not infringe or violate the rights of any third party.
Cookies Disclaimer
New Pacific has social media channels that utilize first and third party vendor remarketing tracking cookies, including the Google Ads tracking cookie, Facebook, LinkedIn and Twitter remarketing cookies. This means we will show ads to you across the Internet, specifically on the Google Content Network (GCN), Facebook, Instagram, LinkedIn and Twitter. This data may also be shared with trusted third party vendors that utilize this data to create promotion campaigns for other related companies. As always, we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other third party remarketing system.
The first and third party vendors, including Google, whose services we use will place cookies on web browsers in order to serve ads based on past visits to the Site. This allows us to make major announcements and continue to market our services to those who have shown interest in our service.
You may opt out of the automated collection of information by third party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioural Advertising at http://www.aboutads.info/choices/ and edit or opt-out your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/.
Disclaimer of Warranties
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER NEW PACIFIC NOR ITS AFFILIATED, SUBSIDIARY OR ASSOCIATED COMPANIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS (COLLECTIVELY THE “NEW PACIFIC GROUP”) WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH, THE SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION, HOWEVER CERTAIN OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANY MEMBER OF THE NEW PACIFIC GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF NEW PACIFIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NEW PACIFIC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify and hold harmless the New Pacific Group from all liabilities, claims, losses and expenses (including reasonable legal fees) that arise out of or are related to (a) your use of and access to the Services, including any data or content transmitted or received by you; (b) any User Content you transmit or make available through the Site, your violation of this Agreement, or your violation of any third party rights.
Choice of Law
This Agreement shall be governed by the laws of the Province of British Columbia without regard to the conflicts of laws rules of any jurisdiction.
Termination
New Pacific reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.
Questions
If you have any questions about this Agreement, you can contact us as follows:
Investor Relations
Telephone: 604-633-1368
Fax: 604-669-9387
Email: info@newpacificmetals.com