Terms | BME

Last update: June 21st, 2021

These General Terms & Conditions apply to the business of Blast Mining Enterprises B.V., a private limited company with registered office at Litslaan 21, 2082GW Santpoort-Zuid, the Netherlands, hereinafter referred to as ‘BME’.

Please read these General Terms and Conditions (‘Terms’) carefully before accessing and using the https://www.blastminingenterprises.com website and accessing and/or using BME Content.

BME acts as a mining industry consultant and provides related products to the mining industry. The services and products provided by BME include (but are not limited to) publications, reports, presentations, spreadsheets, graphs & graphics, images, text, functionality, data & data analysis, other analyses, opinions, video, audio, websites, products, tools, and models, hereinafter collectively referred to as ‘BME Content’.

The term ‘Customer’ refers to anyone who accesses BME Content.

By accessing and using BME Content, the Customer agrees:

It has legal capacity to be bound by these terms
To be bound by these Terms

These Terms identify terms and conditions on the basis of which Customers may access and use BME Content that BME provides, displays, or information that is otherwise contained in BME Content. If at any time Customers do not agree to these Terms, Customers will stop accessing and / or using BME Content. BME does not permit Customers to make any modifications to BME Terms.

BME may change its Terms at any time without notice. Changes to BME Terms are noted on the BME website (https://www.blastminingenterprises.com) under ‘Terms’. Customer access to BME Content after any changes are posted constitute Customer agreement to the modified Terms. Customers should read Terms posted on BME’s website from time to time to be aware of any such changes.

These Terms supersede prior agreements as to matters within its scope with respect to accessing and using BME Content. The Customer right to use BME Content may be subject to a separate written agreement with BME (‘Additional Agreements’). In the event a Customer has an Additional Agreement in place of which the terms are in conflict with terms and conditions described in these Terms, terms and conditions provided in the Additional Agreement supersede these Terms.

Intellectual Property Rights

BME has spent significant resources to develop BME Content. Copyright © (and any other applicable intellectual property rights) regarding BME Information created by BME, are reserved by BME, and protected by international copyright and other laws. Nothing in these Terms grants Customers a right or license to use any trade mark or copyright owned or controlled by BME or any other third party except as expressly provided in the Terms. Customers agree to support reasonable requests by BME to protect and preserve proprietary interests regarding BME Content.

If a Customer choses to access BME Content, a Customer does so at its own initiative. For Customer protection and to maximize the quality of customized BME Content BME provides, BME reserves the right to view, monitor, and record activity regarding BME Content in accordance with BME's Cookie Notice, to the extent permitted by applicable law.

Customer usage of BME Content and usage limitations

BME grants Customers a limited, revocable, non-exclusive, non-transferable license to access and use BME Content upon compliance with these Terms. Notwithstanding the commercial insights and potentially valuable applications for Customers that BME Content provides, Customers are not permitted to:

Create derivative works and / or sell transfer, publish, or reproduce BME Content. BME can obligate a Customer to include a source listing, including date/year upon publication of a product or part off a product. Customers will immediately inform BME of any third party claim regarding an alleged infringement on a (property) right, including intellectual and industrial property rights, regarding the products and/or services provided by BME to the Customer. Upon request, Customer will grant all cooperation to BME at no charge in order to take measures against third parties for the purpose of enforcing and defending intellectual and industrial property rights.
Attempt to gain unauthorized access to BME Content or attempt any action that is technologically harmful. This applies to the introduction of viruses, worms, trojan horses, or other malicious material and intentional overburdening of BME’s website.
Use BME Content for illegal purposes or in a manner inconsistent with these Terms.

Destroying, altering, or copying BME Content may not be an adequate remedy for the breach of any of the provisions of these Terms. Accordingly, without prejudice to any other rights and remedies it may have, BME shall be entitled to the granting of equitable relief (including without limitation injunctive relief) concerning any threatened or actual breach of any of the provisions of this agreement in addition to other methods of compensation.

To gain access to BME Content, Customers may be required to provide certain information, such as their name and email address, or billing information. The Customer acknowledges and agrees it is solely responsible for the accuracy and content of Customer information provided and that information provided is accurate.

Disclaimer and liability limitations

BME keeps certain activities of its business units separate from each other to preserve the independence and objectivity of each of these activities. As a result, certain business units of BME may have information that is not available to other BME units. BME has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with the services BME provides.

Significant care is afforded with respect to the preparation of BME Content. However, BME cannot and does not guarantee that BME Content is correct and complete at all times and in all respects.

BME does not warrant that BME Content is secure, error free, free of viruses or malicious code, or that it meets certain performance quality criteria. BME expressly disclaims all implied warranties, including warranties of merchantability, proprietary rights, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

BME Content is provided on an ‘as – is’ basis. BME shall not be subject to any damages or held liable for any errors or omissions regarding BME Content. BME does not guarantee the adequacy, accuracy, timeliness or completeness of BME Content, or any component thereof or any communications or output with respect thereto. BME Content is to be regarded as a statement of opinion and not as a statements of fact, applicable on the date it is expressed. These opinions can be based on BME multifactor-based assessments and can contain forward looking statements. The words ‘intend’, ‘project’, ‘anticipate’, ‘plan’, ‘believes’, ‘expects’, ‘may’, ‘should’, ‘will’, ‘target’, ‘set to’, ‘estimate’, ‘forecast’, or similar expressions generally identify such opinions, forward looking statements, and / or assessments. Opinions, forward looking statements, and assessments involve known and unknown risk, uncertainties, assumptions, and other factors. For example, current and future business in which BME or the mining companies BME describes in BME Content are involved, is dependent on a number of factors and may vary significantly dependent on the timing and feasibility of projects. Other factors include the ability to produce and transport products profitably, demand for products, changes to the assumptions regarding the value of tangible and intangible assets, the effect of foreign currency exchange rates on market prices and operating cost, and activities by governmental authorities, such as changes in taxation or regulation, political uncertainty, and the number of different opportunities sought out and available to a business at any one time. In light of these risks, uncertainties, and assumptions, actual activities and results could be materially different from projected future expectations and / or results, expressed or implied. While BME obtains information from sources it believes to be reliable, BME does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. BME cannot and does not guarantee that its opinions, forward looking statements, or assessments will not differ materially from actual results. In addition, BME does not undertake any obligation to publicly update or revise any opinions, forward looking statements, and/or assessments, whether as a result of new data, information, or (future) events.

BME Content is distributed for general informational and educational purposes only and is not intended to constitute legal, tax, accounting or investment advice. BME does not and shall not be deemed to be acting as a fiduciary or an investment advisor in providing BME Content. The information, opinions and views contained in BME Content have not been tailored to the investment objectives of any one individual, are current only as of the date they are expressed and may be subject to change at any time without prior notice. BME does not have any obligation to provide revised opinions in the event of changed circumstances. All investment strategies and investments involve risk of loss. Nothing contained in BME Content should be construed as investment advice. Any ideas or strategies discussed in BME Content should not be undertaken by any individual or organization without prior consultation with a financial professional for the purpose of assessing whether the ideas or strategies that are discussed are suitable to Customers based on the Customer personal financial objectives, requirements and risk tolerance. BME expressly disclaims any liability or loss incurred by any person who acts on the information, ideas, or strategies discussed in BME Content.

Customers access and use BME Content at their own risk. Customers accept full responsibility and risk of loss arising from access to and use of BME Content, including loss of services or data. BME is not liable for any direct, indirect, special, or incidental damage, consequential damage, or punitive damages, whether arising in contract, statutory provision, wrongful act (including negligence), or otherwise, in connection with or arising from the use of BME Content, even if BME should have known about the possibility of such damage (or damages). If Customers are dissatisfied with BME Content or with these Terms, Customers should resolve to stop accessing and using BME Content.

BME shall not be liable for any claims against Customers by third parties. In no event will BME be liable under or in connection with these Terms or its subject matter under any legal or equitable theory, including breach of contract, tot (including negligence), strict liability and otherwise, for any: (a) loss of production, use business, revenue or profit, (b) impairment inability to use or loss, interruption or delay of the services, (c) loss, damage, corruption, or recovery of data, or breach of data or system security, or (d) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages, regardless of whether Customers or third parties were advised of the possibility of such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

In the event that liability is nevertheless imposed on BME, in no event shall the maximum cumulative liability of BME in connection with BME Content and / or these terms of use, regardless of the form(s) of action, whether in contract, tort, strict liability or otherwise, exceed one euro (EUR €1). No action, regardless of form, arising from or pertaining to your use of BME Information may be brought by Customers no more than one (1) year after such action has accrued.

BME may receive compensation for information it provides or engaging in other activities. BME reserves the right to disseminate its opinions and analyses. BME Content is made available on its website, https://www.blastminingenterprises.com, and may be distributed through other means, including via BME publications and via third party redistributors.

Links to other websites

BME Content may contain links to third-party web sites, services, or products that are not owned or controlled by BME. BME has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, services, or products. The Customer acknowledges and agrees that BME shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any such websites, services, or products.

Indemnity

Customers shall indemnify, hold harmless, and defend BME and its Affiliates, as the case may be, and their respective officers, directors, employees, agents, contractors, subcontractors, invitees, successors and permitted assigns from and against any and all claims, liabilities, costs, damages, and expenses (including, without limitation, reasonable attorney and expert fees, and disbursements incurred by any of them in any action or proceeding between BME and a third party or Customer) arising out of any breach by Customers.

These Terms are personal to Customers, and Customers may not assign their rights or obligations to other parties.

Governing Law

Dutch law applies to every agreement concluded with BME. Any disputes arising in connection with these Terms, Customer rights & obligations, and all actions contemplated by these Terms, including disputes regarding its existence and validity, shall be heard exclusively by the competent court in Amsterdam, in the Netherlands. Parties hereby consent to the personal jurisdictions of the competent court in Amsterdam. Any claim must be brought in the claimants individual capacity, and not ass a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum.