New Pacific Metals Corp.

 

Terms of Use

These Terms of Use were last updated on July 27, 2012.

Visiting the Website

Welcome to the website of New Pacific Metals Inc. (the “Website”). These terms and conditions (the “Terms”) form a contract between New Pacific Metals Inc. (“New Pacific”) and users of the Website (“you”), and New Pacific asks that you read them carefully. By accessing or otherwise using the Website, you accept and agree to be bound, without qualification, by the Terms. New Pacific’s failure to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provision or rights it may have under the Terms.

Changes to Terms and Website

New Pacific may at any time, without notice, revise the Terms, effective when posted, and/or change any aspect of the Website, without any liability to you. By continuing to use the Website, you agree to be bound by such revisions to the Terms and agree to periodically revisit this page to review the current version of the Terms, as modified from time to time. If you do not agree to the Terms, please do not use the Website.

Right to Use

The Website, including any web pages, text, images, sounds, software, information in all forms, text, logos, graphics, icons, lay-out, and other data, elements, or information contained in the Website (the “Content”), is provided for general informational purposes only. You may view and print out web pages from the Website for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Content, without New Pacific’s consent. Except as expressly permitted by New Pacific, you may not use the Website or the Content for any commercial purposes whatsoever. You agree to keep any passwords granted to you by New Pacific for use of the Website confidential and to take full responsibility for use of such passwords.

Prohibited Use of the Website

You may not use the Website to engage in any unlawful activity or to infringe the rights of New Pacific, its partners, affiliates, licensors, or related entities. You further agree that you will not and you will not allow your employees or agents to: (i) interfere with the operation of the Website, in any way or interfere with anyone's use or enjoyment of the Website, or use the Website to gain unauthorized access to any computer systems; (ii) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material 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; (iii) impersonate any person or entity on or through the Website; (iv) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; or (v) 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 Website or any of the Content other than as may be expressly permitted in writing by New Pacific (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. You agree to abide by all additional rules, policies, and restrictions of which you are provided with notice that apply to the Website.

Use of Personal Information

New Pacific collects, uses, and discloses your personal information in accordance with the Privacy Policy of New Pacific (the “Privacy Policy”). The Privacy Policy is incorporated into the Terms of Use and is available at by clicking the following link. By providing information to New Pacific, you consent to the use of such information in accordance with the Privacy Policy.

Monitoring Use of the Website

New Pacific may monitor the Website but is under no obligation to do so. You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information which is handled by New Pacific in accordance with the Privacy Policy of the Website.

Copyright and Trade-marks

Copyright: The Content is the exclusive property of New Pacific 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 New Pacific’s rights will result in appropriate legal action.

Trademarks: New Pacific’s trade-marks are valuable assets and New Pacific 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 Website are registered and unregistered trade-marks of New Pacific and other parties ("Trade-marks") in Canada and other countries. Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trade-mark displayed on the Website without the written permission of New Pacific or the applicable Trade-mark owner. Misuse of any Trade-mark or the 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.

No Warranties

Information provided on the Website by New Pacific is believed to be reliable when posted. HOWEVER, NEW PACIFIC DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED. INFORMATION CONTAINED ON THE WEBSITE MAY CONTAIN ERRORS. ACCESS TO THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE WEBSITE WILL BE ERROR FREE OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION.

NEW PACIFIC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS REGARDING USE OF THE WEBSITE OR THE INFORMATION PROVIDED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

No Liability

NEW PACIFIC IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE WEBSITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE WEBSITE, INCLUDING ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF NEW PACIFIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

Indemnity

You hereby agree to indemnify, defend and hold harmless New Pacific and the partners, members, shareholders, officers, directors, employees, consultants, lawyers and agents of New Pacific, from any and all third party claims, liability, damages or costs they incur arising as a result of your misuse of the Website, your violation of the Terms, or your infringement of any intellectual property or other right of New Pacific or any person or entity.

Viruses

New Pacific, nor any of its partners, suppliers of affiliates assume responsibility and will not be liable for any damages to or viruses that may infect your computer equipment or other property as a result of your use of the Website or your downloading of any of the Content from the Website.

Governing Law

By accessing the Website, you agree that the laws of British Columbia (and those of Canada applicable therein) will govern the Terms and apply to any issue that might arise regarding this Website, excluding rules of private international law that lead to the application of the laws of any other jurisdiction, and that such dispute will be settled or adjudicated in British Columbia. Access to the Website from locations where the Content is illegal is prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all laws applicable in your jurisdiction.

Right to Terminate Access

If you breach any provision of the Terms, you may no longer access or use the Website or the Content. New Pacific, in its sole discretion, may terminate your right to use the Website or the Content at any time, for any reason, without any notice to you and without any liability to you or any other person. If New Pacific terminates your right to use the Website, the Terms will nevertheless continue to apply and be binding upon you in respect of your use of the Website prior to the termination of the Terms, any of the Content obtained by you from the Website, and anything connected with, relating to or arising from those matters.

New Pacific Does Not Endorse or Recommend Particular Businesses or Services

The information provided on the Website, including any of the Content, is for information and reference only. New Pacific does not endorse or recommend any third party’s facility, business or event identified on the Website or make any representations or warranties as to their reliability, financial condition or suitability for a particular purpose.

Links to Other Sites

From time to time the Website may facilitate access by hypertext links to other websites not maintained by or related to New Pacific (the “Third Party Websites”). The Third Party Websites are entirely independent of the Website and will not in any manner be construed as implying any affiliation with or endorsement, representation or warranty by New Pacific of the Third Party Websites or entity or the content, advertising, products, services, information, materials, opinions or links to other sites on or available on the Third Party Websites (the “Third Party Content”). New Pacific does not review or monitor the Third Party Websites and is not responsible or liable for any of the Third Party Content. You further acknowledge and agree that New Pacific will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the Third Party Websites or the Third Party Content. The reproduction and use of any content linked to the Third Party Websites is subject to the conditions that the owners of the Third Party Websites may impose, and is at your own risk. You are encouraged and advised to review the posted terms and conditions of all websites you visit.

No Contract or Offer

No part of the Website should be taken to constitute an offer or solicitation to buy or sell products or services.  Except for your agreement to abide by the Terms, use of the Website does not create any contract or agreement between you and New Pacific, or any obligation of New Pacific to you.

Entire Agreement

The Terms constitute the entire agreement between you and New Pacific with respect to the Website, the Content, and any information obtained through the Website by communication with New Pacific’s personnel.  The following provisions, as amended from time to time, as well as any other policy or rules that apply to particular services or portions of the Website, are incorporated by reference and are part of the Terms

Submissions to the Website

All questions, comments, suggestions and other communications provided by you regarding the Content or any New Pacific document will be deemed to be non-confidential and New Pacific will have no obligation of any kind with respect to any such communication, and will be free to reproduce, use disclose and distribute such communication or otherwise, without limitation. Furthermore, New Pacific will be free to use any ideas, concepts, techniques, or know-how contained in any such communication for any purpose, including but not limited to development, manufacturing and marketing products, or offering services, which incorporate such information.

From time to time you may be required to submit information through the Website. All information you provide through the Website must be true, accurate, and complete. New Pacific will rely on the information you provide. If you submit incorrect or incomplete information, you will be responsible for any loss, damage, or additional costs you, New Pacific, or others may incur as a result.

Forward Looking Statements and Accuracy of Information

Certain statements on the Website are forward looking statements. These forward looking statements are not based on historical facts but rather on management’s expectations regarding future growth, results of operations, performance, future capital and other expenditures (including the amount, nature and sources of funding thereof), competitive advantages, business prospects and opportunities. Statements on the Website about New Pacific’s future plans and intentions, results, levels of activity, performance, goals or achievements or other future events constitute forward looking statements. Wherever possible, words such as “anticipate”, “believe”, “expect”, “may”, “could”, “will”, “potential”, “intend”, “estimate”, “should”, “plan”, “predict” or the negative or other variations of these words, or similar words or phrases, have been used to identify these forward looking statements. Such forward looking statements reflect current beliefs and assumptions of New Pacific’s management and are based on information currently available to management. Forward looking statements involve significant known and unknown risks, uncertainties and assumptions and other factors that may cause New Pacific’s actual results, levels of activity, performance or achievements to differ materially from those implied by the forward looking statements. These factors should be considered carefully and prospective investors should not place undue reliance on the forward looking statements. Although the forward looking statements contained on the Website are based upon what management believes to be reasonable assumptions, New Pacific cannot assure investors that actual results will be consistent with these forward looking statements.

Forward looking statements and other content on the Website are based on information that is no more current than the date the statements or information are posted on the Website and New Pacific assumes no obligation to update or revise the information provided to reflect new events or circumstances. Information contained on the Website is provided on an “as is” basis and is subject to change without notice. This information may be inaccurate, out-of-date, or otherwise incorrect. Please contact New Pacific to obtain current information.