Welcome to Minespares and thanks for choosing us
to help you procure parts smarter!

By signing up for a Business Account (as defined in clause 17.5) with us or, where a Business Account is not required for your use of our Services, by using any of our Services (including just browsing our website), you are agreeing to be bound by the following terms and conditions – including any documents referenced like our Privacy Policy (Terms). These Terms supersede any previous agreement between you and Minespares.

Minespares provides a digital procurement platform (Platform) to help equipment maintainers of mining operators or mining service providers (Customers) procure parts for their mining equipment from Australia’s leading aftermarket mining equipment parts suppliers (Supplier). The Platform allows Customers to view live pricing and stocking information. Additionally, the Platform enables Customers to place and manage digital orders with suppliers that may not be within their current vendor network. Any such service or services offered by Minespares from time-to-time are referred to in these Terms as the Service(s). Any new features or tools which are added to the current Services will also be subject to these Terms.

As used in these Terms, “we”, “us”, “our” and “Minespares” means Mine Spares Pty Ltd (ACN 666 722 612), and “you” means the Customer (including Business Account Owner or Public User as the case may be) and any of its affiliates.

These Terms set out your rights and responsibilities when you use www.minespares.au, and the other Services we provide, so please read it carefully. Please read the Terms, including any document referred to in these Terms, for the complete picture of your legal requirements. We recommend checking back occasionally for updates. If you don’t agree with the Terms, you may not use our Platform or Services.

Capitalised terms have the meaning given in clause 17 of these Terms.


CUSTOMER TERMS & CONDITIONS

1.7

1.6

1.5

1.4

1.3

However, nothing in this clause 1 is intended to have the effect of excluding, restricting or modifying your rights or our obligations that cannot be excluded, restricted or modified by law (including the Australian Consumer Law) (Non-Excludable Rights).


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform without the express written permission by Minespares.

You agree not to work around, bypass, or circumvent any of the technical limitations of the Platform, use any tool to enable features or functionalities that are otherwise disabled in the Platform, or decompile, disassemble or otherwise reverse engineer the Platform.

You agree not to access the Platform or monitor any material or information from the Platform using any robot, spider, scraper, or other automated means.

You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

1.2

When you choose to purchase goods from a Supplier via the Platform, you agree that:

1.2.1    we act as an online platform to facilitate transactions between Customers and Suppliers only;

1.2.2    you are transacting directly with the Supplier, and we are not a party to the transaction;

1.2.3    we are not responsible for the transactions that occur between you and the Supplier, nor are we      

           responsible for the Supplier's goods; and

1.2.4   to the maximum extent permitted by law, we make no warranty or representation regarding the 

           standard of any goods or services to be supplied by the Supplier and at no time does title or risk in 

           respect of any goods or services pass to Minespares.

1.1

We operate as a marketplace platform that allows independent, third-party Suppliers who abide by our standards to list and sell goods on our Platform. If goods on the Platform are being sold by a third party, the listing will contain the Supplier's details in addition to any terms of sale specific to the Supplier's goods (such as delivery timetables, shipping costs and warranties).

2.6

2.5

2.4

2.3

2.2

2.1

This clause 2 does not apply to Public Users.


Unless you are a Public User, to access the Platform and use the Services, you must register for a Business Account with us. To complete your Business Account registration, you must provide us with your full legal or business entity name, business address, phone number, a valid email address and any other information indicated as required. Minespares may reject your application for a Business Account (or any associated User Account) for any reason, at our sole discretion.


Any individual authorised to open or operate your Business Account and any Authorised User must be the older of: (i) 18 years, or (ii) at least the age of majority in all relevant jurisdictions.


You confirm that you are using the Platform and receiving any Services provided by Minespares for the purposes of carrying on a business activity and not for any personal or non-commercial purpose.


You acknowledge that Minespares will use the email address you provide on opening a Business Account or as updated by you from time to time as the primary method for communication with you (Primary Email Address). You must monitor the Primary Email Address you provide to Minespares and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Minespares can only be authenticated if they come from your Primary Email Address.


You are responsible for keeping your password secure. Minespares cannot and will not be liable for any loss or damage from your failure to maintain the security of your Business Account and password.

3.7

3.6

3.5

3.4

3.3

3.2

3.1

This clause 3 does not apply to Public Users.

Upon signing up for the Platform by opening a Business Account, you will become the contracting party for the purposes of our Terms and will be the person who is authorised to use the Business Account (Business Account Owner). You are responsible for ensuring that your full legal name and all other information required by us are included in all relevant documentation.

By accessing the Platform or using our Services through or in connection with your Business Account, you confirm, adopt and ratify the opening of your Business Account with us and must not dispute the authority of the individual opening your Business Account on your behalf or your ownership of your Business Account.

You warrant that you have the authority to act on behalf of any person for whom you are using the Platform and are taken to have agreed to these Terms on their behalf.

You can create user accounts allowing your staff to access the Business Account (Authorised Users). You can grant these Authorised Users important rights and controls over your Business Account. You are responsible for who you allow to have access to your Business Account and any actions they take. You agree that our responsibilities do not extend to the internal management or administration in relation to your Business Account on the Platform for you. You are also responsible for (a) ensuring your Authorised Users comply with these Terms; and (b) any breach of these Terms by your Authorised Users. You acknowledge and agree that you will be responsible for the performance of your obligations under these Terms, regardless of whether you sublicense or subcontract any such obligations to any third party, including but not limited to any of your affiliates or subsidiaries.

In the event of a dispute regarding the ownership of any Business Account or User Account, we reserve the right to request documentation to determine or confirm Business Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of the status of a User Account owner as an employee of an entity.

Minespares reserves the right to determine, in our sole discretion, rightful Business Account ownership and transfer a Business Account to the rightful Business Account Owner. If we are unable to reasonably determine the rightful Business Account Owner, without prejudice to our other rights and remedies, Minespares reserves the right to temporarily suspend or disable a Business Account until resolution has been determined between the disputing parties. All User Accounts associated with a Business Account will be dealt with accordingly in our sole discretion.

4.4

4.3

4.2

4.1

Right to modify Platform: The Platform has a range of features and functionalities. Not all features and functionalities will be available to all Customers at all times and we are under no obligation to make any features or functionalities available in any jurisdiction. Except where prohibited in these Terms or by applicable law, we reserve the right to modify the Platform or any part thereof for any reason, without notice and at any time.

Inappropriate Materials: Minespares does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Platform, including if we determine in our sole discretion that the goods or services that you offer through the Platform, or the Materials uploaded or posted to the Services, violate these Terms.


No abuse: Verbal or written abuse of any kind (including in any user-generated content) of any Minespares employee or officer or any Customer, Supplier or Authorised User will result in immediate termination of the Business Account and/or User Account in our sole discretion.


No exclusivity: The Platform is an open platform designed to help the mining industry trade smarter and more efficiently. We reserve the right to allow access to the Platform and provide our Services to a number of different Suppliers and make no promise of exclusivity.

5.3

5.2

5.1

You acknowledge that any contract of sale made through the Platform is directly between you and the Supplier. For the avoidance of doubt, Minespares will not be the seller or merchant of record and will have no responsibility to you for goods or services you buy from Suppliers through the Platform.

You may not use the Platform for any illegal or unauthorised purpose nor may you, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Australia. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your business or that may be held by you) in your use of the Service and your performance of obligations under the Terms.

You agree to make your own enquiries to verify information provided and to assess the suitability of goods before you place an order.

6.8

6.7

6.6

6.5

6.4

6.3

6.2

6.1

The promotion of goods or services on the Website or Platform does not constitute an offer to sell. It is an invitation to treat only.

Orders placed by you are offers to purchase goods under these Terms, and subject to clause 7, at the price specified (including other quoted charges). You are responsible for any discrepancies or errors in your order(s) caused by you.

Goods on the Platform are not reserved in-cart, and an order is only finalised when you have completed the checkout process and received an order confirmation from Minespares and, in respect of Public Users, payment is received in full.

When an order is placed for a Suppliers goods, we will send the order to the Supplier for confirmation, at which time they may accept, or reject your order. Where a Supplier rejects your order in full, you will be notified via email from Minespares. Where a Supplier partially accepts your order, you will receive a confirmation email with accepted quantities for supply. Where a Supplier accepts your order, you will receive a confirmation email from Minespares.

Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is reasonably suspected.

Your order may be rejected in circumstances where we reasonably believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.

You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must contact the supplier(s) of your order.

We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed.

7.5

7.4

7.3

7.2

7.1

The prices of goods, delivery and other charges are quoted in Australian dollars and are exclusive of GST.

All payments must be received in full prior to dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.

Terms of Payment

7.3.1    Public User – Payment must be made in full at the time of submitting an order for goods via the
           Platform.

7.3.2    Customer with Business Account – Unless otherwise agreed, payment must be made within 14 days
            from the end of the month in which Minespares issues the invoice without set-off or delay.
            Minespares may require the payment of a deposit, which must be paid by the Customer upon
            submitting an order via the Platform.

Discount codes and coupons are only valid for a single transaction and may not be used in conjunction with any other discounts. They are also subject to our coupon terms and conditions (which can be found here), and where we reasonably determine that an individual is abusing the use of the discount code, we may cancel a transaction or that code (for example where the same individual use a discount code across multiple orders with multiple accounts).

Invoicing and Payment

7.5.1    If you are a Customer and we have not received payment for outstanding orders (exceeding our
           payment terms), we may suspend and revoke access to your Business Account (and the associated
           User Accounts) and the Platform. Your Business Account (and the associated User Accounts) will be
           reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing
           cycle. You may not be able to access your Business Account (and the associated User Accounts) or
           the Platform during any period of suspension. If the outstanding orders remain unpaid for 60 days
           following the date of suspension, Minespares reserves the right to terminate your Business Account
           (and the associated User Accounts) in accordance with clause 11.

7.5.2    Minespares will provide an Account Statement to the Customer at the beginning of each month in
            respect to Goods supplied and invoiced during the previous month.

7.5.3    All invoices are due and payable by the Customer in full within 14 days of the Invoice Date, (less any
            amount paid in advance) by cash or cleared funds.

7.5.4    Minespares may at any time, without limiting any other rights or remedies it might have, set off any
            amount owing to it by the Customer against any amount payable to Minespares to the Customer.

7.5.5    Interest of 10% per annum may be charged on all outstanding amounts owed by the Customer to
            Minespares, calculated from the date at which the debt is due and payable in accordance with
            clause 7.5.8.

7.5.6    Minespares does not provide refunds.

7.5.7    You consent to receive sales invoices electronically.

7.5.8    We reserve the right to change our Fees or the billing period for our Fees by giving you notice in
            accordance with clause 12.


8.7

8.6

8.5

8.4

8.3

8.2

8.1

As part of using the Platform and receiving the Services, you will provide us with certain Confidential Information about you and your business. We acknowledge and agree that Confidential Information provided by you to us in connection with the Services is your Confidential Information and, subject to clause 8.4 and the licences you have granted under these Terms to use your Data and Intellectual Property, we will not disclose or allow to be disclosed to any third party any of your Confidential Information, and shall only use such your Confidential Information for the purposes of these Terms and to perform the Services.

You acknowledge and agree that all the materials provided by us to you in connection with the Services are Minespares’ Confidential Information. These materials may include (but is not limited to) category or product insights and other information on Customer demand, suggestions, needs and preferences.

Subject to clause 8.4, you must not disclose or allow to be disclosed to any third party any of our Confidential Information, and you must only use our Confidential Information for the purposes of purchasing goods on the Platform and any other purpose we approve in writing.

You and we can only disclose each other’s Confidential Information:

8.4.1    if required to do so by law or any regulatory body or government agency or body including any
            relevant stock exchange;

8.4.2   if the disclosure is made to its employees, bankers, accountants, auditors, legal or other professional
            advisors who are bound by confidentiality constraints similar to those contained in these Terms;

8.4.3   to the extent the information in question is in the public domain other than as a result of a breach
            of these Terms; or

8.4.4   with the prior written consent of the other.

You and we must take all reasonable precautions to protect the confidentiality of any Confidential Information of the other in accordance with these Terms.

Upon termination of these Terms:

8.6.1    both parties must continue to keep confidential each other’s Confidential Information;

8.6.2   upon your request, we will provide you with a download of your Confidential Information stored in
            the Platform (e.g. a record of your orders);

to the extent reasonably practicable, you must:

8.7.1    immediately return to us all documents (whether in original or copied form) in your possession or
           control comprising or containing Minespares’ Confidential Information; and

8.7.2   except where to do so would contravene any legal obligation, destroy all electronic files containing
           your Confidential Information or Minespares’ Confidential Information including all cache, back-up
           or archive copies of them; and

8.7.3   you acknowledge that we will retain certain information in the Platform to the extent it relates to
           Suppliers or Customers who will continue to use the Platform or Services and for the purposes
           contemplated in clause 11.

9.5

9.4

9.3

9.2

9.1

Your use of our Platform and any Services is entirely at your own risk. To the maximum extent permitted by law, we will not be liable for any loss or damage incurred or suffered by you or any third party whatsoever in connection the provision of the Platform or Services, including direct, indirect, incidental, special, consequential or exemplary damages, even if we have been advised of the possibility of such losses.

Information about goods on the Platform that are listed by the Suppliers is based on material provided by the Suppliers and and/or manufacturers. Subject to any Non-Excludable Rights, we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by the Suppliers.

You agree to indemnify us and hold us harmless against any Liability we incur or suffer in connection with any Claim made against us arising from or in connection with:

9.3.1    any information provided by you to us that is not accurate, up to date or complete or is misleading
           or a misrepresentation;

9.3.2    any breach of these Terms by you, your agents, employees or contractors;

9.3.3    any default by you, whether under these Terms or not, including but not limited to any defect in
            your goods or any information that you supplied to us in relation to your goods;

9.3.4    any misuse of the Services provided under these Terms by you, your employees, contractors or
            agents;

9.3.5    your infringement of the rights (including Intellectual Property) of any third party;

9.3.6    any improper, negligent or unauthorised use by you of the Services or the Platform;

9.3.7    your failure to comply with any applicable privacy or data protection laws;

9.3.8    any personal injury, death or property damage caused by your acts or omissions, or those of your
            agents, employees or contractors in relation to delivery of your goods to retailers or otherwise; or

9.3.9    the sale, distribution or marketing of services on your website or nominated landing page.

It is not necessary for us to incur a Liability or make payment before enforcing a right of indemnity conferred by clause 9.3.

The indemnity in clause 9.3 will not apply to the extent that any Liability arises as a result of any breach of these Terms by us or any negligent, wilful or fraudulent act or omission by us, our officers, employees, agents or contractors.

10.8

10.7

10.6

10.5

10.4

10.3

10.2

10.1

All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website or on the Platform is either owned, controlled, or licensed to Minespares, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in these Terms gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.


We will collect, use, store and handle your Data in compliance with our Privacy Policy and applicable legal requirements.


Your Data which constitutes Personal Information or Confidential Information will never be shared without anonymization or aggregation except with your consent. You hereby give us consent to share your Personal Information or Confidential Information to the extent necessary to enable or facilitate any and all features and functionalities of the Services you have opted in to be provided to you.


Subject to clauses 10.1 and 10.2, you acknowledge and agree that:


10.4.1   any Supplier or their Authorised Users that you transact or interact with on the Platform will obtain 

            an electronic record of their interactions with you, and that interaction record (whether stored on or 

            off the Platform) may be owned by that Supplier or their Authorised Users, and you have no rights 

            to recall or delete that interaction record; and


10.4.2  we may use and share your Data in any manner we consider appropriate for the purposes of 

            operating, improving or promoting the Platform or the Services.


We will at all times retain full ownership in all of our Intellectual Property in the Platform and the Services, including any improvements suggested by you, and we grant you during the Term a non-exclusive, non-transferrable, and non-sublicensable licence solely to facilitate your use of the Platform and our Services and strictly in accordance with these Terms.


You agree to grant us a royalty-free, perpetual, irrevocable, exclusive licence to use your Intellectual Property for any purposes contemplated by these Terms in connection with the Platform or the Services.


You warrant to us that you (or your licensor) own all rights in the Intellectual Property mentioned in clause 10.5 and will notify us if this changes.


You may not:


10.8.1   modify or copy the layout or appearance of the Website nor any computer software or code 

            contained in the Website; or


10.8.2  decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source 

            code related to the Website.

11.7

11.6

11.5

11.4

11.3

11.2

11.1

If you are a Public User, these Terms apply in respect of your use of the Platform or any of our Services on an ongoing basis. If you are a Business Account user, these Terms will apply from date your Business Account is created until terminated by us or by you in accordance with these Terms and subject to any survival provisions. The period of time during which these Terms apply is referred to as the Term.

You may cancel your Business Account (and/or any associated User Accounts) and terminate these Terms at any time by contacting support@minespares.au and then following the specific instructions indicated to you in Minespares’ response.

Without limiting any other remedies, we may suspend or terminate your Business Account (and/or any associated User Accounts) or the Terms for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Platform or any of our Services.

Termination of the Terms will be without prejudice to any rights or obligations which arose prior to the date of termination.

Termination of these Terms will not affect any provision of these Terms which by its nature is intended to survive the termination of these Terms.

Upon termination of these Terms by either party for any reason:

11.6.1    Minespares will cease providing you with any Services and you will no longer be able to access your
            Business Account (or any associated User Account);

11.6.2   unless otherwise provided in the Terms, you will not be entitled to any refunds of any Fees, pro rata
            or otherwise;

11.6.3   any outstanding balance owed to Minespares for your use of the Services through the effective date
            of such termination will immediately become due and payable in full; and

11.6.4   your Business Account will be taken offline.

If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

12.1

You acknowledge and agree that:

12.1.1    we may need to update these Terms from time to time, and negotiating these updates with each
            Customer, Business Account Owner or Public User would not be practical; and

12.1.2   we may amend or vary these terms and conditions, including without limitation our payment terms
            and Fees at any time by giving you 30 days’ notice (Notice Period). If you do not agree with them, let
            us know as soon as possible. By continuing to use the Platform after the Notice Period, you will be
            taken to have agreed to the updated Terms.

12.1.3   If we need to implement any major changes to the Platform then we will also notify you of those
            major changes to the Primary Email Address.

13.4

13.3

13.2

13.5

13.1

Words and phrases used in this clause 13 that have defined meanings in the GST Law have the same meaning as in the GST Law, unless the context indicates otherwise.

Unless expressly stated otherwise, the consideration for any supply under or in connection with these terms is exclusive of GST.

To the extent that any supply made under or in connection with these terms is a taxable supply (other than any supply made under another agreement that contains a specific provision dealing with GST), the amount payable by the recipient is the consideration provided under these terms for that supply (unless it expressly includes GST) plus an amount (Additional Amount) equal to the amount of that consideration (or its GST-exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply.

The recipient must pay the Additional Amount at the same time as the consideration to which it is referable, and on the issue of an invoice relating to the supply.

Whenever an adjustment event occurs in relation to any taxable supply to which clause 13.3 applies:

13.5.1    the supplier must determine the amount of the GST component of the consideration payable; and

13.5.2   if the GST component of that consideration differs from the amount previously paid, the amount of
            the difference must be paid by, refunded to or credited to the recipient, as applicable.

13.5.3   If either you or us are entitled under these terms to be reimbursed or indemnified by the other for a
            cost or expense incurred in connection with these terms, the reimbursement or indemnity
            payment must not include any GST component of the cost or expense to the extent that the cost or
            expense is the consideration for a creditable acquisition made by the party being reimbursed or
            indemnified, or by its representative member.

14.2

14.1

Any disputes between Suppliers and Customers should be resolved between yourselves.

In the event of any dispute between you and us in connection with the Platform or arising under these Terms, our goal is to provide you with a cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to resolve the dispute. If your dispute is not resolved by contacting our team, all legal notices and formal disputes should be sent to our head office address, located on our website. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

15.8

15.7

15.6

15.5

15.4

15.3

15.2

15.1

To the extent permitted by law and subject to any non-excludable rights, all express or implied conditions or warranties of any kind are excluded.

You may not assign your rights and obligations under these Terms to a third party without our prior written consent. We may assign our rights and obligations to any third party at our discretion under these Terms.

You agree to cooperate with us, at your own expense, in the handling of disputes with, complaints by, or investigations by, any third party or regulatory authority, that arise as a result of your use of our Services, including but not limited to those that arise out of, or relate to any incorrect information that you may have provided to us.

Certain events and circumstances may be completely out of our control, not reasonably foreseeable, insurmountable and prevent us from complying with our obligations under these Terms (Force Majeure). You agree that for the duration of the Force Majeure our obligations are suspended and we are not liable for the delay or non-performance.

If any clause or part of any clause of these Terms is in any way unenforceable, invalid, or illegal, it is to be read down so that it is enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

We are acting as a contractor in performing the Services and not as an employee, agent, partner or in a joint venture. We do not owe you any fiduciary obligations and you do not owe us any annual leave.

These Terms constitutes the entire agreement between you and us. All representations and prior agreements in relation to the subject matter of these Terms are merged in and superseded by these Terms.

These Terms are governed by the laws in force in Western Australia and you and we agree to be bound by the non-exclusive jurisdiction of the Courts of Western Australia and any courts competent to hear appeals from those courts.

16.4

16.3

16.2

16.1

The Privacy Policy is incorporated into these Terms by reference (Incorporated Document) to form a single contract.

The Incorporated Documents are governed by These Terms, including without limitation provisions regarding definitions, variation and termination.

In the event of any inconsistency between any Incorporated Document and these Terms, the Incorporated Document shall prevail.

Questions about the Terms should be sent to our support team (support@Minespares.au). Minespares reserves the right to charge for support in its discretion.

17.1


17.2


17.3



17.4


17.5



17.6

17.7


17.8






17.9

17.10



17.11

17.12

17.13

17.14

17.15


17.16

17.17





17.18

17.19




17.20

17.21

17.22

17.23





17.24

17.25

17.26


17.27

17.28

17.29

17.30



17.31

17.32

Additional Amount is defined in clause 13.3.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Authorised User means a person who is granted access to a User Account by a Business Account Owner to control or operate a Business Account.

Business Account means an account on the Platform owned by a Supplier or a Customer.

Business Account Owner is the person (being either a Supplier or a Customer) we consider to be the owner of a Business Account to whom we will grant authority to operate the Business Account and create User Accounts associated with it.

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Perth.

Claim means any claim, notice, demand, action, proceeding, litigation, investigation or judgment whether based in contract, tort, statute or otherwise.

Confidential Information includes any information that is not publicly available about the disclosing party’s business, structure, programs, processes, methods, operating procedures, activities, goods and services, trade secrets, financial, accounting, marketing and technical information, customer and supplier lists (including prospective supplier information), ideas, concepts, knowhow, intellectual property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as 'confidential”.

Customer means any user of the Platform that is either a Public User or a Business Account user.

Data means any information or data provided to us or generated on or through the Platform or any Services.

Fees means Subscription Fees, Transaction Fees, Set-up Fees, Additional Fees, as applicable.

Force Majeure is defined in clause 15.4.

Good means any item or good listed for sale or sold on the Platform by any Supplier.

GST has the meaning given to it in the GST Law.

GST Law has the same meaning as 'GST Law' in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Incorporated Document is defined in clause 16.1.

Intellectual Property means any and all right, title and interest in any invention, design, pattern, copyright, trademark, trade secret or Confidential Information, know-how, trade name, service mark, business names, domain names or internet addresses, whether registered or not and which is now or may hereafter exist, and any associated or ancillary rights.

Liability means any liability, loss, damage, outgoing, cost and expense.

Material means your trademarks, copyright content, any goods or services listed on the Platform (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Minespares or its affiliates or generated via the Platform.

Notice Period is defined in clause 12.1.2.

Minespares, we, us, or our refers to Mine Spares Pty Ltd (ACN 666 722 612).

Personal Information has the meaning given to it in the Privacy Act.

Platform means the digital procurement platform operated by Minespares to help suppliers of aftermarket spare parts for mining equipment and more trade smarter and more efficiently, however it is named. For the avoidance of doubt, our website(s) form part of the Platform. A reference to the Platform includes a reference to any Services to the extent the context permits.

Primary Email Address is defined in clause 2.5.

Privacy Act means Privacy Act 1988 (Cth).

Public User means a retail user of the Platform or any of our Services for whom a Business Account is not required.

Services means any services we provide to you through or in connection with the Platform.

Supplier means any supplier of goods on the Platform.

Term is defined in clause 11.

User Account means a user account on the Platform associated with a Business Account and used to control or operate a Business Account.

Transaction Fee means a service we provide for any transaction that is facilitated through the Platform.

You or your refers to a Customer (including a Business Account Owner or Public User).
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