Terms of Use

Last updated: 9 September 2022

This is a legal agreement between you and the Mining Silica Control Tool^TM (“MINING SCT”) stating the terms and conditions that govern your access to and use of the Mining SCT available at mining.silicacontroltool.com.

Please read this Agreement and the Mining SCT Privacy Policy before proceeding to create your account or signing in to your account. By creating an account and signing in, you will be certifying that you have read and understand the Terms of Use and Privacy Policy, and agree to be bound by both. If you do not agree to these terms and conditions or the provisions in the Mining SCT’s Privacy Policy, you must not access or use the Mining SCT.

In these Terms of Use, the term “you”, “your”, or other like terms mean the party agreeing to these Terms of Use and to any person or entity who uses the Mining SCT. Accordingly, the person agreeing to these Terms of Use represents and warrants for himself or herself that he or she is duly authorised on his or her own behalf to enter into these Terms of Use and to comply with these Terms of Use. If you are agreeing to these Terms of Use for use by an organization, you are agreeing to these Terms of Use on behalf of that organization. You must have the authority to bind that organization to these Terms of Use, otherwise you must not access or use any of the Mining SCT. These Terms of Use affect your legal rights and obligations.

The Mining SCT provides the service primarily to, but not limited to, the mining industry to assist employers in ensuring the health and safety of workers by reducing exposures to respirable crystalline silica (“RCS”) dust. It may also be used to assist in complying with the provisions of applicable Health, Safety and Reclamation Code for Mines in British Columbia (“the Code”) relating to RCS exposures and related exposure control plans (“ECPs”).

The Mining SCT should be used and completed by a qualified person with the requisite knowledge, expertise, and experience in occupational exposure assessment, control, and planning.

ARTICLE 1 – SERVICES

1.1 Scope of License

Subject to these Terms of Use, and unless otherwise agreed to in writing, the Mining SCT grants you a non-transferable, non-exclusive license to use the Mining SCT, worldwide, for your non-commercial use. If you access the Mining SCT from outside of Canada, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. You may only use the Mining SCT to assist you in ensuring the health and safety of workers by reducing exposures to RCS dust. The Mining SCT may also be used to assist you in complying with the provisions of the Code relating to silica exposures and related ECPs. You agree not to exploit the Mining SCT in any way, including but not limited to, by trespass, or burdening network capacity, or using the Mining SCT for commercial use. Unless expressly permitted herein or otherwise permitted in a separate agreement with the Mining SCT, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, redistribute, perform, display, or in any way exploit any of the Mining SCT, in whole or in part, except:

Copyright, patent, and other intellectual property laws protect the Mining SCT and you agree to abide by and maintain all notices, license information, and restrictions contained therein. The Mining SCT retains ownership of all its rights in the service, and except as expressly set forth herein, no other rights or licenses are granted or to be implied in respect of any intellectual property owned by the Mining SCT. If you print, copy, or download any part of the Mining SCT in breach of these Terms of Use, your right to use the Mining SCT will cease immediately and you must, in the Mining SCT sole discretion, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Mining SCT or any of the content on the Mining SCT domain, and all rights not expressly granted are reserved by the Mining SCT. Any use of the Mining SCT not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other intellectual property laws.

1.2 Accessing the Mining SCT

The Mining SCT reserves the right to modify or remove all or any part of the service at the Mining SCT’s sole discretion without notice. The Mining SCT will not be liable if for any reason all or any part of the Mining SCT are unavailable at any time or for any period.

1.3 Linking to the Mining SCT

You may link to the Mining SCT homepage, provided you do so in a way that is fair and legal and does not damage the Mining SCT’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Mining SCT’s part where none exists. The Mining SCT must not be framed on any other website, nor may you create a link to any part of the Mining SCT other than the homepage. The Mining SCT reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these Terms of Use. You agree to cooperate with the Mining SCT in causing any unauthorized framing or linking to immediately stop.

ARTICLE 2 – USER OBLIGATIONS

2.1 Accounts

To access and use any of the Mining SCT you may need to register for a user account. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are duly authorized to enter into these Terms of Use and to comply with these Terms of Use. If you are agreeing to these Terms of Use for use of any of the Mining SCT by an organization, you are agreeing to these Terms of Use on behalf of that organization. You must have the authority to bind that organization to these Terms of Use, otherwise you must not access or use the Mining SCT. You are responsible for keeping the credentials you create confidential and secure. You acknowledge that your account is personal to you and agree not to provide any other person with access to your account. You are responsible for any activity that occurs through your account. The Mining SCT, including content or pages of the Mining SCT, may require user registration. It is a condition of your use of the Mining SCT that all the information you provide on the Mining SCT is correct, current, and complete.

2.2 Restricted Use

As a condition of your access and use of the Mining SCT, you agree that you may use the Mining SCT only for lawful purposes and in accordance with these Terms of Use. You agree that:

You agree to comply with all laws, rules, and regulations (for example, federal, provincial, and local) applicable to your use of any of the Mining SCT, including but not limited to, copyright laws

2.3 Use of the Mining SCT Trademarks

You agree not to use any of the marks “Silica Control Tool^TM Site”, “Mining Silica Control Tool”, and “Mining SCT”, or any related names, logos, product and service names, designs, slogans, or any other marks belonging or licensed to the Mining SCT (collectively, the “Mining SCT Marks”) in whole or in part in any way except as expressly authorized in writing by the Mining SCT in each instance. You agree that all goodwill arising out of your authorized use of the Mining SCT Marks shall inure to the benefit of and belong to the Mining SCT.

ARTICLE 3 – USER SUBMISSIONS

3.1 User Submissions

The following content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit to the Mining SCT or to other users or other persons (collectively, “User Submissions”), and any submissions you make to the Mining SCT through any functionality such as the Mining SCT, other applications, chat rooms, e-mail, message boards, personal or interest group webpages, profiles, forums, bulletin boards, and other such functions (collectively “Interactive Functions”). Without limiting the foregoing, you warrant and agree that your use of the Mining SCT and any User Submissions and Interactive Functions shall not:

You understand and agree that you, not the Mining SCT, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Mining SCT.

3.2 Grant of License

None of the User Submissions you submit to the Mining SCT will be subject to any confidentiality by the Mining SCT. By providing any User Submission to the Mining SCT, you grant the Mining SCT and its affiliates and service providers, and each of their and the Mining SCT’s respective licensees, successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium, or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission. By submitting any User Submissions you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to the Mining SCT and its affiliates and service providers, and each of their and the Mining SCT’s respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and these Terms of Use.

3.3 Monitoring, Enforcement, Suspension, and Termination

The Mining SCT has the right, without provision of notice to:

You waive and hold harmless the Mining SCT and its affiliates, licensees, and service providers from any and all claims resulting from any action taken by the Mining SCT and any of the foregoing parties relating to any investigations by either the Mining SCT or such parties or by law enforcement authorities. We have no obligation, or any responsibility to any party to monitor the Mining SCT Website or use, and do not and cannot undertake to review material that you or other users submit to the Mining SCT Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

3.4 Privacy

Your User Submissions and use of the Mining SCT constitutes consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such submissions in compliance with the Mining SCT’s Privacy Policy, as the Mining SCT deems necessary for use of the Mining SCT.

ARTICLE 4 – PRIVACY

4.1 Privacy

To register for a user account and/or use the Mining SCT, the Mining SCT may collect certain contact information such as your first and last name, your email address, your telephone number, and your billing information. Pursuant the Mining SCT’s Privacy Policy, the Mining SCT will not share this information with third parties unless such disclosure is necessary (as determined in the Mining SCT’s sole discretion) to comply with a court order or other legal process, protect the rights, property, and/or safety of the Mining SCT or any third party, or to enforce the terms of these Terms of Use. The Mining SCT may track the following categories of information when you access any of the Mining SCT: IP address, domain servers, type of computer or device used to access any of the Mining SCT, type of web browsers, pages visited, projects downloaded or uploaded, information about transactions carried out using the Mining SCT, and any other information that you send to the Mining SCT. Such information is used for marketing purposes and to compile aggregate data about website and website interaction so that the Mining SCT can enhance the Mining SCT Services and/or to administer the Mining SCT and enable your access to and use of the Mining SCT. The Mining SCT also uses cookies when you access the Mining SCT to help the Mining SCT remember your preferences and gather information to optimize performance and improve customer experiences. Information that the Mining SCT collects may be stored and processed in and transferred between any of the countries in which the Mining SCT operates to enable the use of the information in accordance with these Terms of Use. You agree to such cross-border transfers of personal and third party information.

ARTICLE 5 – TERM

5.1 Term and Termination

The Mining SCT may terminate or suspend your account at the Mining SCT’s sole discretion at any time, for any reason at all, or for no reason. If your account is terminated or suspended, the Mining SCT reserves the right to deny your reapplication at any time in the Mining SCT’s sole discretion.

5.2 Effects of Termination

If the Mining SCT terminates or suspends your account, the following sections of these Terms of Use will survive: Article 3, Article 6, and Article 7.

ARTICLE 6 – WARRANTIES

6.1 Disclaimer of Warranties; Liability Limitation

The Mining SCT and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors (collectively, “Silica Control Tool^TM” for the purposes of this Section 6.1 and the following Sections 6.2 and 6.3) do not promise that the Mining SCT, or the information or materials that you receive as a user of any of the Mining SCT (all of the foregoing, collectively, the “Deliverables” for purposes of this Section 6.1 and the following Section 6.2) will be accurate, reliable, timely, secure, error-free, or uninterrupted, or that any defects will be corrected. The Deliverables are provided on an “as-is” and “as-available” basis and the Deliverables are subject to change without notice. The Mining SCT cannot ensure that any of the content (including files, reports, information, or other data that you access, purchase, or download from or through any of the Mining SCT) will be free of viruses, contamination, or destructive features. Further, the Mining SCT does not guarantee any results or identification or correction of problems as part of the Deliverables and the Mining SCT disclaims any liability related thereto. The Mining SCT takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. The Mining SCT makes no representations or warranties as to the interoperability of any of the Mining SCT with any network or servers. You acknowledge that the Mining SCT shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of any of the Mining SCT to properly operate with your network or servers, or from any errors occurring on your networks or servers as a result of your use of any of the Mining SCT. The Mining SCT makes no representations about the suitability, reliability, availability, timeliness, or accuracy of any networks or communications lines or functioning of any mobile phone or device necessary to use any of the Mining SCT. The Mining SCT disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. The Mining SCT disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Deliverables. You acknowledge and agree that the Mining SCT may make improvements and/or changes in any of the Mining SCT at any time without notice or liability to you. You assume total responsibility and all risks for your use of the Deliverables, including, but not limited to, any information obtained thereon. Your sole remedy against the Mining SCT for dissatisfaction with the Deliverables is to stop using the Deliverables. The Mining SCT and any information produced through the use of any of the Mining SCT are in no way meant to replace professional advice relating to measuring, controlling and ensuring that workers’ exposures are within safe and legally mandated limits. The Mining SCT are not a replacement for air monitoring tests where circumstances warrant such testing and should not be construed as providing legal or other advice regarding any legal or other requirements relating to RCS dust exposures or otherwise, including in the user’s particular circumstances. This limitation of relief is a part of the bargain between the parties. To the extent that the Mining SCT makes any pre-release or other products, services, or information related thereto available to you as a registered user of any of the Mining SCT, you understand that the Mining SCT is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product or service changes that the Mining SCT may make, or to publicly announce or introduce the products or services at any time in the future. The Mining SCT shall use reasonable efforts to protect information submitted by you in connection with the Mining SCT, but you agree that your submission of such information is at your sole risk, and you hereby release the Mining SCT from any and all liability to you for any loss or liability relating to such information in any way.

The Mining SCT may include content provided by third parties, including from other users. All statements and/or opinions expressed in any such third party content, other than the content provided by the Mining SCT. Such content does not necessarily reflect the opinion of the Mining SCT. The Mining SCT is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.

To the extent not prohibited by law, under no circumstances shall the Mining SCT be liable for damages of any kind arising out of or in connection with your use, or inability to use, the Deliverables including any direct, indirect, special, incidental, or consequential damages, including without limitation, damages resulting from personal injury, property damage, wrongful death, pain and suffering, emotional distress, delay of delivery, or from loss of profits, data, business, or goodwill, on any theory of liability, whether arising under tort (including negligence), contract, or otherwise, whether or not the Mining SCT has been advised or is aware of the possibility of such damages. If, notwithstanding any other provisions of these Terms of Use, the Mining SCT is found to be liable to you for any damage or loss that arises out of or is in any way connected to your use of the Deliverables, the Mining SCT’s entire liability for direct damages under these Terms of Use shall be limited to fifty dollars ($50.00).

6.2 Indemnification

You agree to defend, indemnify, and hold harmless the Mining SCT from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) the use of any of the Mining SCT by you or anyone using your account; or (b) the breach of these Terms of Use by you or anyone using your account. The Mining SCT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with the Mining SCT in such defense.

ARTICLE 7 – MISCELLANEOUS

7.1 Changes of Terms

The Mining SCT reserves the right to revise these Terms of Use at any time in its sole discretion. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of any of the BCCSA Services. You agree to periodically review the Terms of Use in order to be aware of any such amendments and your continued use shall be your acceptance of these amendments.

7.2 Third Party Websites

The Mining SCT Website may contain links and/or pointers to third party websites. We make no representations about any third party websites that may be accessed from the Mining SCT Website. If you choose to access any such websites, you do so at your own risk. The Mining SCT has no control over the content of any third party websites and accepts no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party websites.

7.3 Governing Law and Jurisdiction

These Terms of Use will be governed by, construed, and enforced in accordance with the laws of the Province of Mining and the federal laws of Canada applicable therein, without regard to its conflict of laws provision. Any action or proceeding arising out of or relating these Terms of Use will be instituted in the courts of the province of Mining and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

7.4 Waiver

No waiver under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver of any default is not a waiver of any subsequent default.

7.5 Severability

If any provision of these Terms of Use is held invalid, illegal, or unenforceable, the remaining provisions of these Terms of Use will continue to be in full force and effect. The invalid, illegal, or unenforceable provision will be replaced with a provision that is valid, legal, and enforceable and that is closest to the parties’ intention underlying the invalid, illegal, or unenforceable provision.

7.6 Entire Agreement

These Terms of Use constituted the entire agreement between you and the Mining SCT regarding the subject matter contained in these Terms of Use and supersedes all prior communications, negotiations, understandings, agreements, or representations, either written or oral, between you and the Mining SCT with respect to such subject matter.

7.7 Notices

All notices and other communications under these Terms of Use will be made in writing. Notices to the Mining SCT must be sent to 400-625 Agnes Street, New Westminster, British Columbia, Canada, V3M 5Y4 or silicatool@bccsa.ca and are deemed given when received. Notices to you may be sent to the applicable account email address and are deemed given when sent.

Should you become aware of misuse of the Mining SCT, including libelous or defamatory conduct, you must report it to the Mining SCT.

All other feedback, comments, requests for technical support, and other communications relating to the Mining SCT should be directed to the Mining SCT.

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Privacy Policy

Scope

This privacy policy (the “Privacy Policy”) governs your access and use of the Mining Silica Control Tool^TM mining.silicacontroltool.com (the “MINING SCT”) and related services and explains how the Mining SCT collects, uses, discloses, and protects your personal information when you access and use the Mining SCT. The Mining SCT uses your personal information only for providing, improving, and protecting the Mining SCT. By using or accessing the Mining SCT you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to the Mining SCT collecting, using, and sharing your information as discussed herein. Your access and use of the Mining SCT is at all times subject to the Mining SCT’s Terms of Use which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use.

Information Collection & Use

The Mining SCT collect information for the purpose of providing users with a service to help ensure the health and safety of workers who may be exposed to Respirable Crystalline Silica (RCS) dust. While using the Mining SCT, you may be asked to provide the Mining SCT with personal information that can be used to identify you, including your name, email address, phone number, payment information, physical address, date of birth, account activity, and/or other personally identifiable information (the “Personal Information”).

Sharing

The Mining SCT protects your Personal Information and will not share this information with non-designated third parties without your permission or unless such disclosure is necessary (as determined in the Mining SCT’s sole discretion) to comply with court order or other legal process or to protect the rights, property, and/or safety of the Mining SCT or any third party.

Cookies, Aggregate Data and Other Technologies

The Mining SCT may track the following categories of information when you access any of the Mining SCT: the Mining SCT Website Internet Protocol (“IP”) addresses, domain servers, type of computer or device or operating system used to access any of the Mining SCT, browser type, browser version, the pages the Mining SCT that you visit, the time spent on those pages, the time and date of your visit, and/or other statistics. Such information is used for marketing purposes and/or to compile aggregate data about website traffic and website interaction so that the Mining SCT can enhance the Mining SCT and/or to administer the Mining SCT and enable your access to and use of the Mining SCT. The Mining SCT also uses cookies when you access the Mining SCT to help the Mining SCT remember your preferences and gather information to optimize performance and improve customer experience. The Mining SCT also uses Google Analytics to help it understand how users engage with the Mining SCT. The information collected and how it is used is described at https://marketingplatform.google.com/about/.

Aggregate data is information the Mining SCT collects about a group or category of services or users from which individual user identities have been removed. In other words, no Personal Information is included in aggregate data. Aggregate data helps the Mining SCT understand trends in users’ needs so that the Mining SCT can better consider new features or otherwise tailor the Mining SCT. This Privacy Policy in no way restricts or limits the Mining SCT’s collection and use of aggregate data, and the Mining SCT may share aggregate data about its users with third parties for various purposes, including to help the Mining SCT better understand user needs, improve the Mining SCT, and/or advertising and/or marketing purposes.

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer's hard drive. Most browsers automatically accept cookies as the default setting. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, some portions of the Mining SCT may not function properly.

Links

The Mining SCT Website may contain links to third party websites. When clicking on a link, we encourage you to examine that website's privacy policy and make your own decision regarding the information provided. the Mining SCT is not responsible for the privacy policies or practices of third-party websites.

Security

The security of your Personal Information is important to us, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. The Mining SCT use commercially acceptable means to protect your Personal Information, but you agree that your submission of such information is at your sole risk, and you hereby release the Mining SCT from any and all liability to you for any loss or liability relating to such information in any way.

Changes To This Privacy Policy

The Mining SCT reserves the right to update or change this Privacy Policy at any time, and will post the most current version on the Mining SCT Website. Your continued use of the Mining SCT after we post any modifications to the Privacy Policy on the Mining SCT Website will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy, please contact us.

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