Terms and Conditions

World Initiative of Mining Lawyers Terms of Use

Last Update:  August, 2017

This page and our Privacy Policy tells you about us, the legal terms and conditions which apply at “www.WIOML.com”(“Site”), when you visit our Site as a user or a registered member of the World Initiative of Mining Lawyers, and to any sale of goods and services listed on our Site (“Terms”). Please read these terms of use carefully before you start to use the Site. You may keep a copy by printing or saving these Terms.

By using our Site, you accept these Terms and agree to abide by them. These Terms will apply to any contract between us for the sale of any goods and services (“Products”) to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering anything from our Site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order anything from our Site.

If you do not agree to these terms of use, please do not use our Site or order any materials, products or services from us.

1. INFORMATION ABOUT US

1.1 This Site is owned and operated by World Initiative of Mining Lawyers, a company limited by guarantee which is registered in England and Wales under company registration number 09165984 with registered office at 125 Old Broad Street, London, UK, EC2N 1AR. The terms “WIOML”, “we”, “us”, “our” and “ours” when used in these Terms mean World Initiative of Mining Lawyers. The terms “you”, “your” and “yours” when used in these Terms means any user of this Site.

2. YOUR PRIVACY AND DATA PROTECTION CONSENT

2.1 Our Privacy Policy sets out the terms on which any personal data is processed whether we collect from you, or you provide to us. By agreeing to these Terms, you acknowledge you have read and understood the terms of our Privacy Policy, and you consent to our processing of your data in accordance with it and confirm all data provided by you is accurate. We have the right to use, copy, distribute and disclose to any third parties any such material for any purpose, unless you should write to us and seek our agreement to the contrary. Notwithstanding the foregoing, we shall have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. With the exception of personal data, any communication or material you post or transmit to us over the Internet is, and will be treated as, non-confidential and non-proprietary. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

3. USING AND ACCESSING OUR SITE

3.1 Access to and use of this Site and the information, materials, products and services available through this Site are subject to applicable English laws and regulations and to these Terms. You may purchase items or sign up as a member through our Site, and if so, separate membership terms may apply. Please see below.

3.2 Our pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

3.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 3.4 below.

3.4 We will confirm our acceptance to you by sending you an e-mail that confirms either the event or membership has been approved and confirmed (“Dispatch Confirmation”).  The Contract between us will only be formed when we send you the Dispatch Confirmation. Membership approval will be dependent upon the applicant’s status as approved by WIOML in its sole discretion.

3.5 If we are unable to confirm attendance at the event or membership, for example because the event is sold out or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for an event but will not be able to attend because it is sold out, we will refund you the full amount including any delivery costs charged as soon as possible. For rights to cancellation, please see below in clause 4.

3.6 These Terms and our Privacy Policy and Contract constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them or our Privacy Policy. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in our Contract.

3.7 These Terms may be changed by us from time to time without specific notice to you. The latest Terms will be posted on the Site, and you should always review these Terms prior to using the Site or making a purchase to ensure that you have a current understanding of the Terms under which you are permitted to access this Site. If you cannot access the Terms via the Internet, we can provide a copy of the most recent Terms by e-mail upon request.

3.8 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

3.9 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.

3.10 This site is a business and commercial site and, as such, it is not intended for children or minors. You may only purchase items from our Site if you are at least 18 years old. If you are a business customer, you confirm that you have the authority to enter into transactions on behalf of the business and on whose behalf you use our Site to purchase items or tickets.

3.11 You may use our Site only for lawful purposes and for making use of the events and materials that may be provided by us on the Site. You may not use our Site in the following ways:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Terms.

Not to access without authority, interfere with, attack, damage or disrupt:

any part of our Site;

any equipment or network on which our Site is stored;

any software used in the provision of our Site; or

any equipment or network or software owned or used by any third party.

the server on which our Site is stored or any server, computer or database connected to our Site.

any part of our Site via a denial-of-service attack or a distributed denial-of-service attack.

Not to extract data from the Website for commercial purposes taken by way of website scraping (being the process of analyzing/scanning a website and extracting user readable data from it).

4. HOW TO PAY

4.1 You can pay using World Pay, a debit card or credit card or via bank transfer. Payment is in advance. We will not charge your debit card or credit card until we dispatch your order. All payments made on the website are subject to our terms and conditions.

4.2 Our Site contains various items and it is always possible that, despite our reasonable efforts, some items may be incorrectly priced. If we discover an error in the price on anything you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or canceling your order. We will not process your order until we have your instructions or Order Form. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as canceled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispricing, we do not have to provide membership registration or event attendance to you at the incorrect (lower) price.

5. RIGHT TO CANCEL FOLLOWING A PURCHASE

5.1 Delegates do have a right to cancel their tickets and accommodation at the Event at least 90 days prior to the Event. To do so a cancellation request must be submitted to info@wioml.com. The full Delegate Fee and accommodation charges shall be refunded for cancellation requests which are submitted at least 90 days prior to the Event. The Delegate Fee and accommodation charges, including for dates outside of the event shall be non-refundable for cancellation made less than 90 days prior to the Event

For cancellation by mail:

World Initiative of Mining Lawyers

125 Old Broad Street,

London, UK, EC2N 1AR.

For cancellation by email:

info@wioml.com

5.2 Notwithstanding the terms of Clause 5.1, WIOML may, at its sole discretion, offer a firm or Delegate a branding package of equal value in substitution of a refund for cancellation requests received less than 90 days prior to the Event.

5.3 The Member Fee is non-refundable.

6. EFFECTS OF CANCELLATION

6.1 Provided that the cancellation is valid, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Published material are works protected by copyright laws and treaties around the world. All such rights are reserved.

7.2 You may print off one copy, and may download extracts, of any page(s) if permitted by us from our Site for your personal reference or research purposes and you may draw the attention of others within your organization to material posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.3 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged. You must not use any part of the materials on our Site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our Site in contravention of these Terms or the law, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7.4 The WIOML logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks and/or trade dress of WIOML (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

8. HYPERLINK DISCLAIMER

8.1 This Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons (“third party website”). An advertisement of, or link to, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its content or use, or the use of products and services made available through such third party website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites. Such third party websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any third party websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access any third party websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

9. LINKS FROM OTHER WEBSITES

9.1 Linking to any page other than the home page is prohibited and our Site must not be framed on any other website. Persons providing access to this Site via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning WIOML. Authorization by us to link to this Site is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this Site at any time and for any reason. Anyone providing access to, or information relating to this Site, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

10. NO GUARANTEES

10.1 We do not guarantee that our Site, or any content on it, will always be available or be interrupted. Access to our Site is permitted on a temporary basis and we reserve the right at any time and from time to time to modify, edit, delete, restrict access, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice to users who have registered with us. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site. THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND.

10.2 Commentary and other materials posted on our Site are not intended to be taken as advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked.

11. EXCLUSION OF LIABILITY

11.1 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it. We will not be liable for any data that is taken from our Website by way of website scraping and used by any other person or company to make unsolicited contact with you. We do not seek to exclude or limit liability for fraudulent misrepresentation, death or personal injury through WIOML’S negligence, or for any matter in respect of which it would be unlawful for us to exclude or restrict liability.

11.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE HEREBY EXPRESSLY EXCLUDE:

11.2.1 ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;

11.2.2 ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE OR RESULTS OF THE USE OF OUR WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, WASTED MANAGEMENT OR OFFICE TIME AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF THE CATEGORIES SET OUT ABOVE.

11.3 You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

11.4 WIOML’s total liability to you in respect of all other losses arising under or in connection with the Contract or the Site, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the services, materials, goods and products you purchased through the Site.

12. LAW AND JURISDICTION

12.1 Please note that the Terms, the Privacy Policy and the Contract are governed by English law although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. This means a Contract for the purchase of the ticket or membership or other items through our Site and any dispute or claim arising out of or in connection with these items or your use of the Site will be governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction.

13. CONTACTING US

13.1 If you have any questions regarding these Terms or any other matter, you may contact us via email by going to our ‘Contact Us‘ page or by writing to us at the address shown on the Site under “CONTACT” at the bottom of this page.