Terms & Conditions
Welcome to MiningSurplus.com, MiningSurplus.com is a website that is owned or controlled by Teck Resources Limited on its own behalf, and on behalf of Teck Resources affiliates and related companies ("Teck Resources"). MiningSurplus.com is a venue that features new and used mining and processing equipment, components and peripherals (together, "Equipment") that mining operators and third parties wish to sell (the "Service").
1. Acceptance of Terms
2. Modifications to this Agreement
Teck Resources shall have the right and sole discretion to make any modification to the design, format, content and operation of the Site and Service at any time, including but not limited to, the addition, removal and modification of any module, feature and function.
4. Third Party Content, Sites, and Services
The Site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Teck Resources, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of Equipment and other goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation and inspection you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Teck Resources shall not be responsible or liable for any loss or damage of any sort that you incurred or sustained as the result of any such dealings. If there is a dispute between users on the Site, or between users and any third party, you understand and agree that Teck Resources is under no obligation to become involved.
5. Privacy and Information Disclosure
You agree not to post, email, or otherwise make available Content:
- (a) that is unlawful, inaccurate, false, deceptive, harmful, misleading, deceitful, harassing, or invasive of another's privacy;
- (b) that impersonates any person or entity, including, but not limited to, a Teck Resources employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- (c) that includes personal or identifying information about another person without that person's explicit consent;
- (d) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- (e) that constitutes or contains any form of advertising or solicitation if:
- posted in areas of the Site which are not designated for such purposes, or
- sent to users who have not authorized such contact in writing about other services, products or commercial interests;
- (g) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- (h) that contains any device or computer code, files or programs that may damage, harm, interrupt, lock, disable, modify, delete, destroy or limit the functionality of any data, computer software, firmware or hardware, or any peripheral or telecommunications equipment;
- (i) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- (j) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Also, you agree not to:
- (a) contact anyone who has asked not to be contacted;
- (b) collect personal data about other users for commercial or unlawful purposes;
- (c) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or Service or from other users' Content - unless with the prior written approval of Teck Resources;
- (d) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- (e) attempt to gain unauthorized access to Teck Resource's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or Service; or
- (f) use any form of automated device or computer program (except that which may be provided by Teck Resources as part of the Service) that enables the submission of postings on the Site without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
7. Posting Agents
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Teck Resources's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Teck Resources. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express prior written permission or license from Teck Resources.
8. No Spam Policy
You agree to receive MiningSurplus.com’s newsletter, on behalf of Teck Resources (including its affiliates and related companies), containing news, updates, and information on the mining and other equipment and materials available for sale and purchase through MiningSurplus.com.
You can withdraw your consent at any time by clicking the word "UNSUBSCRIBE" located at the bottom of each newsletter or by unchecking the newsletter box located on your dashboard under Manage Notifications when logged in to your account.
You can also withdraw your consent at any time by emailing [email protected] with the word "UNSUBSCRIBE" in the subject line or body of your email.
9. Postings Fee
You may only post Content on our Site after you have subscribed with us and pay the applicable access fees. To subscribe with us, please contact us at the information shown below or submit your subscription application online at the area designated on our Site for online subscription purposes.
Teck Resources Limited - MiningSurplus.com
Suite 3300, Bentall 5
550 Burrard Street
Vancouver , BC Canada
10. Limitations on Service
You acknowledge that Teck Resources does not give any representations, warranties or guarantee that any of your postings will result in a purchase or sale of your Equipment.
You agree that Teck Resources has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. For users who are seeking to purchase Equipment, you acknowledge that Teck Resources reserves the right at any time to modify or discontinue the Service (or any part thereof) without notice, and that Teck Resources shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. Access to the Service
Subject to the terms and conditions of the subscription agreement governing your posting of Content to the Service, Teck Resources grants you a limited, revocable, non-transferable, non-exclusive license to access the Service. This license does not include:
- access to the Service by Posting Agents; or
- any collection, aggregation, copying, duplication, display or derivative use of the Service or other users' Content, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Teck Resources. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for purposes (including commercial purposes) not stated herein, you must first obtain a license from Teck Resources. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings or which is in the business of providing classified ad listing services.
Unless otherwise instructed by Teck Resources, Teck Resources permits you to create a hyperlink to the Site so long as the link does not portray Teck Resources or any of its affiliates, subsidiaries or their respective directors, officers, employees, agents, service providers or suppliers in a false, misleading, derogatory, or otherwise offensive manner or that any of them promotes or endorses yours or any third party causes, ideas, web sites, products or services.
Use of the Service beyond the scope of authorized access granted to you by Teck Resources immediately terminates the permission and license.
12. Termination of Service
13. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright and other intellectual property and proprietary rights laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or Service or the collective work, and/or copying or reproducing the Site or Service or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Teck Resources. You further agree not to reproduce, duplicate or copy third-party Content from the Service without the express written consent of Teck Resources and such third party, and agree to abide by any and all copyright notices displayed on the Site and/or Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Teck Resources does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Teck Resources an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, transferable, worldwide license to use, copy, load, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing in connection with its delivery of the Service. Furthermore, by posting Content to any public area of the Service, you automatically grant Teck Resources a right (but not an obligation) to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation by a third party of the Content on the Service.
14. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TECK RESOURCES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AND PERFORMANCE OF THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TECK RESOURCES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TECK RESOURCES DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
15. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL TECK RESOURCES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES (EVEN IF TECK RESOURCES HAS BEEN ADVISED OF SUCH POSSIBILITY) ARISING FROM OR RELATING TO ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, WHETHER THE DAMAGES OR LOSSES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES AND/OR LOSSES INCURRED OR SUSTAINED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
17. General Information
18. Violation of Terms
Also see our Privacy Statement.