Website Terms of Use

Updated: 08 September 2022

This website is operated by EV Metals Group plc (ARBN 629 730 909) (“EVM“). Your use of the whole or any part of the web pages located at www.evmetalsgroup.com, including all information, content, data files, graphics, written text, software, code, audio files, photographs, videos, images and materials (“Website“) is governed by these website terms and conditions of use (“Terms of Use“).

By using the Website, you agree to be bound by these Terms of Use.

If you use the Website on behalf of your employer, a company or other legal entity, you warrant that you have full legal authority to bind that entity to these Terms of Use and that both you and that entity are entering into these Terms of Use and will be bound by these Terms of Use

While EVM uses reasonable care and skill to ensure the Website is free from defects and harmful code, internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software.

EVM recommends that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for any device you use to access the Website.

EVM is not liable to you for any interference with or damage to your computer system, for any data lost or any equipment or software malfunction that occurs in connection with your use of the Website or a linked website.

All intellectual property rights in the Website (including copyright, design rights, patents, inventions, knowhow, database rights, trade marks and source codes) is owned by EVM or its content and technology providers. You only receive a limited licence to use the Website in accordance with these Terms of Use.

You are provided with access to the Website only for your personal and non-commercial use. Other than for these permitted purposes, you may not, in any form or by any means, without EVM’s prior written permission:

• adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any content on the Website;
• remove, change or obscure the Company’s logo or any notices of proprietary rights on any content on the Website; or
• commercialise any information, products or services obtained from any part of the Website.

If the Website displays any other person or entity’s trade mark, you must not use that trade mark without first obtaining that person or entity’s express consent and nothing on the Website or in these Terms of Use may be construed as granting a licence to use, or implying consent to use such trade mark.

The Website may contain links to third party websites solely for your convenience. EVM does not sponsor, endorse, recommend or approve of any information, products or services referred to on such linked sites and assumes no responsibility for the contents of any other website to which the Website offers links. When using these other websites, you will be bound by the terms and conditions of those websites.

You may not link the Website homepage or any other parts of the Website to another website, without EVM’s prior written consent.

Our website uses cookies, small data files that are placed on your computer or mobile device when you visit our website. Cookies are widely used by website owners to make their website work, or to work more efficiently, as well as to provide reporting information about how users engage with the website.

Please visit our Cookie Notice for more information on how we use cookies, what these technologies are, why we use them, and your rights to control our use of them. 

Details of when EVM otherwise collects, stores, uses and discloses personal information about individuals is outlined in EVM’s Privacy Policy, which is available here.

The content of the Website is provided by EVM on an “as is” basis, for general information purposes only and is not intended to constitute or substitute professional advice. EVM may, from time to time, change or add to the Website.

All content is current as at the date of its publication on the Website. EVM will use reasonable endeavours to correct and update any inaccuracies in content on the Website promptly after it becomes aware of them.

However, EVM has no liability to you for content on the Website that is not up-to-date or is incorrect, and makes no representations or warranties regarding the suitability, reliability, timeliness, comprehensiveness and ongoing accuracy of the content on the Website.

In particular, nothing on the Website constitutes, or should be deemed as constituting, the provision of investment or financial product advice to any person in respect of dealing in EVM’s shares or other securities. In particular, no Website content should be taken to constitute an invitation or inducement to invest or otherwise deal in EVM’s shares or other securities and must not be relied upon in connection with any investment decision.

Before taking or refraining from any action in reliance on the content on the Website, you must make and rely on your own enquiries (including seeking professional advice if appropriate) in relation to, and in evaluation of, any information, predictions, opinions and statements contained on the Website. Any reliance you place on that content is wholly at your own risk.

Some of the statements appearing on the Website may be in the nature of forward-looking statements. These statements include but are not limited to statements regarding EVM’s expectations, intentions, plans and beliefs. Forward-looking information can often be identified by forward-looking words such as “anticipate”, “believe”, “expect”, “goal”, “plan”, “intend”, “estimate”, “may” and “will” or similar words suggesting future outcomes, or other expectations, beliefs, plans, objectives, assumptions, intentions or statements about future events or performance. Forward-looking information may include reserve and resource estimates, estimates of future production, unit costs, costs of capital projects and timing of commencement of operations, and is based on current expectations that involve a number of business risks and uncertainties. You should be aware that such statements are only predictions and are subject to inherent risks and uncertainties.

Factors that could cause actual results to differ materially from any forward-looking statement include, but are not limited to, failure to establish estimated resources and reserves, the grade and recovery of ore which is mined varying from estimates, capital and operating costs varying significantly from estimates, delays in obtaining or failures to obtain required governmental, environmental or other project approvals, inflation, changes in exchange rates, fluctuations in commodity prices, delays in the development of projects and other factors. Forward-looking statements are subject to a variety of known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from expected results. You are cautioned not to place undue reliance on forward-looking information. By its nature, forward-looking information involves numerous assumptions, inherent risks and uncertainties, both general and specific, that contribute to the possibility that the predictions, forecasts, projections and various future events will not occur. None of EVM, the officers or employees of EVM, makes any representation or warranty (express or implied) as to the accuracy or likelihood of fulfilment of any forward-looking statement, or any events or results expressed or implied in any forward-looking statement, except as required by law. Neither EVM nor any other person undertakes or has any obligation to update publicly or otherwise revise any forward-looking information whether as a result of new information, future events or other such factors which affect this information, except as required by law.

The Website may contain reserve and resource estimates which are expressions of judgment based on knowledge, experience and industry practice, and may require revision based on actual production experience. Such estimates are necessarily imprecise and depend to some extent on statistical inferences and other assumptions, such as commodity prices, cut-off grades and operating costs, which may prove to be inaccurate. Accordingly, no assurance can be given that the indicated amount of ore will be recovered or at the rates estimated. Content on the Website should be read in accordance with and subject to EVM’s most recently filed updated reserves and resources statement available on the Website.

Subject to any responsibilities implied by law and which cannot be excluded, EVM and its directors, employees, agents and contractors are not liable for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs), whether direct, indirect or consequential, arising out of or in connection with any content on the Website, material on linked websites or your access or use of the Website, whether in contract, tort (including negligence), statute or otherwise.

Without limiting the preceding paragraph in any way, EVM is not liable to you:

• for any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity;
• to the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control (e.g. industrial action or third party equipment, networks, viruses or malware); or
• for any loss to the extent contributed to by your negligence or breach.

Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.

You indemnify EVM and each of its related bodies corporate, and the directors, officers, agents, employees, representatives, advisers or agents of each of them, and each of their successors (each an “Indemnified Party”), against all liabilities, losses, claims, damages, costs or expenses suffered or incurred by each Indemnified Party arising from or in connection with your breach of these Terms of Use or your use of the Website.

EVM may vary these Terms of Use at any time by publishing the varied Terms of Use on the Website. Continued use of the Website after such variation will be deemed to constitute sufficient notice and your acceptance of the varied Terms of use. Use of the Website is governed by the current Terms of Use on the Website at that time.

If any provision of these Terms of Use is or becomes invalid under the law of any jurisdiction, the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.

These Terms of Use will be governed by and construed in accordance with the laws of the State of Western Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.