
Legal Notice
By accessing or using the BMC website and associated project websites (collectively "the Website"), or downloading its content, you accept the terms set out in this legal notice (the "Legal Notice"). In addition, BMC's Privacy Policy applies to the use of the Website. You should review BMC's Privacy Policy in addition to the terms and conditions of this Legal Notice carefully and not use the Website if you do not agree to BMC's Privacy Policy or the terms and conditions of this Legal Notice.
The Website is owned and operated by BMC Minerals Ltd. Where we say "we", "us", "our", the "Company" or "BMC" we mean BMC Minerals Ltd. . BMC reserves the right to modify, revise or update this Legal Notice and the Privacy Policy at any time without prior notice, and such modifications, revisions or updates are effective immediately upon our posting of the modified Legal Notice or Privacy Policy on the Website. Your continued access to or use of the Website shall constitute acceptance of this Legal Notice and the Privacy Policy and will be governed by the terms of the Legal Notice and the Privacy Policy in place at the relevant time. It is your responsibility to review the terms of the Legal Notice and the Privacy Policy each time you access or use the Website.
Conditions of Use
You agree to use the Website solely for lawful purposes and in a manner consistent with local, national or international laws or regulations.
Except as expressly authorised by BMC, any reproduction, modification or distribution of the Website materials, information or content (collectively, the "Website Content"), in whole or in part, is strictly prohibited.
Accuracy and Use of Information
THE WEBSITE CONTENT IS PROVIDED SOLELY FOR THE USER'S GENERAL KNOWLEDGE, AND ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND SUCH WARRANTIES, REPRESENTATION OR CONDITIONS ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL BMC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF PROFITS OR BUSINESS INTERRUPTION) OR DUE TO THE USE OF OR INABILITY TO USE THE WEBSITE CONTENT. USE OF THIS WEBSITE OR THE WEBSITE CONTENT AND ANY RELIANCE ON THEM WILL BE AT THE USER'S OWN RISK.
Information on the Website is believed to be accurate at the time it was posted but may be superseded by more recent public disclosure of BMC. BMC makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of information on the Website. BMC reserves the right to correct any errors, inaccuracies or omissions and to remove, change or update information and material on the Website at any time without prior notice. BMC assumes no liability or responsibility for any errors or omissions on the Website.
The information on the Website may be out of date or superseded by more recent public disclosure, and due to the technical and security risks inherent in the Internet, the Website Content you access may differ from the original depending on your web browser or other factors. As such, the Website Content should be verified, where possible, with BMC' public disclosure filings available at www.asx.com.au.
Any stock quotes and historical stock price data on this Website are provided by third party service providers for informational purposes only, and are not intended to be relied on for trading purposes. BMC makes no representation or warranty regarding the accuracy or completeness of any such stock price quotes or historical stock price data and has not taken any steps to verify, the adequacy, accuracy or completeness of the information provided herein and, under no circumstances, will be liable for any inaccuracies or omissions in any such information or data, any delays or errors in the transmission thereof, or any loss or direct, indirect, incidental, special or consequential damages caused by reliance on this information or the risks arising from the stock market.
Please always ensure that you are referring to the most current information and seek independent professional advice before making any investment decision regarding BMC.
Cautionary Statement on Forward-Looking Information.
This Website and the Website Content may contain or incorporate by reference certain forward-looking statements within the meaning applicable securities laws and stock exchange rules.
Such forward-looking information includes, but is not limited to, statements as to: expectations, estimates, forecasts and projections; the Company's guidance and outlook on estimated annual metal production, cash costs and exploration, expansion, capital and operating expenditures; Mineral Resource and Mineral Reserve estimates; targets, proposed mechanics, plans, projects, intentions and results with respect to further development of projects and future exploration programs; management's assessment of the prospectivity of surrounding districts; the projected price, demand and consumption of metals, foreign exchange rates, and the associated economic viability of projects; the intent of BMC to move forward with project permitting; the estimated economics of projects; the anticipated mine‐life, ore processing, mining and production methods, processing and rates, earnings, revenue, economic sensitivities, annual concentrate and mineral reserves and mineral resources; metal production, capital costs, and all‐in sustaining costs; the performance of projects with respect to the creation of jobs, and pay back of capital; the estimated timeframe associated with project construction and future production; the Company's ability to successfully market the concentrates produced, if any; the Company's intention to further examine value‐enhancing opportunities; the Company's intention to apply for and ability to obtain required permits in a timely manner; the Company's ability to successfully add or upgrade Mineral Resources and develop new deposits; the future financial or operating performance and condition of the Company and its business, operations and properties, including expectations regarding liquidity, capital structure, competitive position and the payment of dividends; and any other statement that may predict, forecast, indicate or imply future plans, intentions, levels of activity, results, performance or achievements. Forward‐looking statements are subject to numerous risks, uncertainties and other factors relating to BMC' operations as a mineral exploration company, many of which our outside of BMC's control, that may cause future results to differ materially from those expressed or implied in such forward‐looking statements.
Forward-looking information may be identified by terminology such as, without limitation, "anticipate", "assumption", "believe", "budget", "compelling", "continue", "development", "estimate", "exploration", "expectation", "forward", "flexibility", "focus", "forecast", "future", "growth", "guidance", "initiative", "intend", "on track", "opportunities", "optimization", "outlook", "plan", "positioned", "possibility", "potential", "priority", "probable", "program", "progressing", "project", "pursuing", "ramp-up", "risk", "schedule", "target", "trend", "upside", "view", and similar such words and phrases or statements that certain actions, events or results may, can, could, would, will, should, might, indicate, or will be taken, and any similar expressions.
Forward-looking information reflects management's beliefs as of the date such information is posted on the Website or as of the date of the Website Content therein, as applicable. Forward-looking information is necessarily based upon the estimates, assumptions and expectations of management in light of management's experience and perception of trends, current conditions and expected developments, as well as other factors that management believes to be relevant and reasonable in the circumstances, including, without limitation, assumptions about: favourable equity and debt capital markets; the ability to raise any necessary additional capital on reasonable terms to advance the production, development and exploration of the Company's properties and assets; future metal prices; the timing and results of exploration and drilling programs; the accuracy of any Mineral Reserve and Mineral Resource estimates; production costs; the accuracy of budgeted exploration and development costs and expenditures; the price of other commodities such as fuel; future currency exchange rates and interest rates; operating conditions being favourable such that the Company is able to operate in a safe, efficient and effective manner; political and regulatory stability; the receipt of governmental, regulatory and third party approvals, licenses and permits on favourable terms; obtaining required renewals for existing approvals licenses and permits on favourable terms; requirements under applicable laws; sustained labour stability; stability in financial markets; the availability of equipment; and positive relations with local groups and the Company's ability to meet its obligations under any agreements with such groups.
Many assumptions are based on factors and events that are not within the control of the Company and there is no assurance they will prove to be correct. While the Company considers these assumptions to be reasonable, the assumptions are inherently subject to significant business, social, economic, political, regulatory, competitive and other risks and uncertainties, contingencies and other factors that could cause assumptions, estimates and expectations to be incorrect and actual actions, events, conditions, results, performance or achievements to differ materially from those projected in the forward-looking information and, as such, there can be no assurance that forward-looking information will prove to be accurate.
These risks, uncertainties and contingencies include, without limitation: actual production, operating cash and all-in sustaining costs may differ from those currently anticipated; metal and commodity price fluctuations; foreign currency fluctuations; risks associated with mining operations, including, but not limited to, environmental hazards and climatic events, industrial accidents, inadequate infrastructure, ground control problems and flooding; geological risks including, but not limited to, unusual or unexpected geological formations and events (including, but not limited to, rock slides and falls of ground), uncertainties in the estimation and modelling of grade, tonnes, metallurgy, continuity of mineral deposits, dilution and Mineral Resource and Mineral Reserve estimates, and actual ore mined and/or metal recoveries varying from such estimates; risks associated with mine plans, including, but not limited to, uncertainties in the mine life or life-of-mine (or LOM) estimates; the possibility that future exploration, development or mining results will not be consistent with expectations; the potential for and effects of labour disputes, labour shortages, community or other civil protests or demonstrations, or other unanticipated difficulties with or interruptions to operations; potential for unexpected costs and expenses, including, without limitation, for mine closure and reclamation at current and historical operations; uncertain political and economic environments; the cost of complying with environmental regulations; changes in laws or policies or foreign taxation; delays or the inability to obtain and/or maintain necessary governmental approvals and/or permits; regulatory investigations, enforcement, sanctions and/or related or other litigation; the Company's insurance coverage may be inadequate to cover potential losses; difficulties in enforcing judgments and effecting service of process on directors and officers; directors and officers may have conflicts of interest with the Company; costs associated with failures of information systems or information security threats; reduced demand for the Company's products due to product alternatives; the Company's ability to continue on a going concern basis; reduced liquidity and credit availability for the Company due to disruptions in international and domestic capital markets; the potential for increased operational, regulatory and other risks associated with an expansion into other geographic areas by the Company; the possibility of corruption and anti-bribery law violations attributed to the Company; the potential for the loss of investors' entire investment; there being no existing public market for the Company's securities; the negative impact of dilution from equity financing; trading and volatility risks associated with equity securities; a reduction in share prices due to sales by existing shareholders; the Company's intention not to pay dividends; global financial conditions reducing the price of the Common Shares and other risks and uncertainties.
The Company cautions readers that the foregoing lists of important assumptions and factors are not exhaustive. Other events or circumstances could cause actual results to differ materially from those estimated or projected and expressed in, or implied by, the forward-looking information contained on the Website. There can be no assurance that forward-looking information will prove to be accurate or achieved. Accordingly, readers are advised not to place undue reliance on forward-looking information. The Company disclaims any intention or obligation to update or revise any statements of forward-looking information whether as a result of new information, future events or otherwise, or to explain any material difference between subsequent actual events and such forward- looking information, except to the extent required by applicable law.
Where Website Content contains additional cautionary notes regarding forward looking statements, such additional cautionary notes embedded in such Website Content shall govern and prevail over the cautionary statements in this Legal Notice to the extent of any inconsistency. For certainty, the cautionary statements in this Legal Notice shall apply to all Website Content to the extent there are no cautionary notes regarding forward looking statements embedded in such Website Content.
All forward-looking information contained on the Website is qualified in its entirety by the above cautionary statements.
Cautionary Statement to Non-Australian Investors Regarding Mineral Reserves and Mineral Resources
It is a requirement of the Australian Securities Exchange listing rules that the reporting of ore reserves and mineral resources in Australia comply with the Australasian Joint Ore Reserves Committee Code for Reporting of Mineral Resources and Ore Reserves (the “JORC Code”), whereas mining companies in other countries may be required to report their mineral reserves and/or resources in accordance with other guidelines (for example, U.S. Securities and Exchange Commission ("SEC") Regulations S-K in the United States). While mineral resource estimates on this Website generally comply with the JORC Code, they may not comply with the relevant guidelines in other countries, and do not comply with SEC Regulation S-K. Unless otherwise indicated, all mineral reserve and mineral resource estimates reported on this website have been prepared in accordance with the JORC Code. Where Canadian National Instrument 43-101 – Standards of Disclosure for Mineral Projects ("NI 43-101") applies, including the Canadian Institute of Mining, Metallurgy and Petroleum ("CIM") – CIM Definition Standards for Mineral Resources and Mineral Reserves, adopted by the CIM Council, as amended, the Company will make disclosure in compliance with NI 43-101 and CIM requirements.
The estimation of Mineral Resources is inherently uncertain and involves subjective judgments about many relevant factors. Estimates of Mineral Reserves provide more certainty but still involve similar subjective judgments. Mineral Resources which are not Mineral Reserves do not have demonstrated economic viability. Actual recoveries of mineral products may differ from mineral reserves and resources as reported due to inherent uncertainties in acceptable estimating techniques. The accuracy of any such estimates is a function of the quantity and quality of available data, and of the assumptions made and judgments used in engineering and geological interpretation (including estimated future production from the Company's projects, the anticipated tonnages and grades that will be mined and the estimated level of recovery that will be realized), which may prove to be unreliable and depend, to a certain extent, upon the analysis of drilling results and statistical inferences that ultimately may prove to be inaccurate. Mineral Resource or Mineral Reserve estimates may have to be re-estimated based on: (i) fluctuations in mineral prices; (ii) results of drilling; (iii) metallurgical testing and other studies; (iv) proposed mining operations, including dilution; (v) the evaluation of mine plans subsequent to the date of any estimates and/or changes in mine plans; (vi) the possible failure to receive required permits, approvals and licenses; and (vii) changes in law or regulation.
"Inferred Resources" have a great amount of uncertainty as to their existence, and great uncertainty as to their economic and legal feasibility. It cannot be assumed that all or any part of an Inferred Resource will ever be upgraded to a higher category of geological confidence.
Technical Information
Where not separately disclosed in Website Content, the scientific and technical information about our mineral properties provided by the Website has been prepared under the supervision of and approved for disclosure by Mr. Robin Black P. Geo, who is a "qualified person" within the meaning of NI 43-101. The “qualified person” for Website Content is disclosed in such content where applicable.
Copyright and Trademarks
Other than material on this Website which is sourced from third parties, all the Website Content (including graphics, icons, HTML, javascripts, colour schemes, multimedia, logos, photographs, copywriting, etc.) is the property of BMC and protected by domestic and international copyright laws. Certain names, words, titles, phrases, logos, icons, graphics or designs in the Website Content may constitute trade names, trademarks or service marks of BMC or which may have been licensed to it. The display of trademarks, trade names, or service marks on pages of the Website does not imply that a license of any kind has been granted to anyone else. Except as expressly permitted herein, no portion of the Website Content may be reproduced in any form or by any means without the prior written consent from the Company. Any unauthorised downloading, retransmission, republication or other copying or modification of Website Content, including trademarks, trade names and service marks, may violate federal, common or civil law, trademark law or copyright law, and may result in legal action.
Limitation of Liability
In no event, in respect of the Website or any third-party linked web site, will BMC, its employees, officers or directors be liable to any party for any loss or damage, either direct or indirect, arising in connection with the Website, including without limitation: (i) any incidental, consequential, indirect, special, compensatory or punitive damages (including but not limited to, damages for loss of income, loss of profits, business interruption, loss of programs or information, loss of data and loss of or damage to property) arising out of the use of, reliance on or inability to use the Website, or any information provided on the Website, or downloaded from the Website, or any delay of such information or service, the use of any third party websites linked or referred to on the Website, any software used in connection with the Website or computer viruses or other destructive programs encountered as a result of using the Website, even if the Company or any of its employees, officers or directors knew of the possibility of such damages any other matter connected with the Website; or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Website and/or materials or information downloaded through the Website. In the event that a court of competent jurisdiction finds that the above limitation does not apply to you, the Company's liability will be limited to the greatest extent permitted by law.
You agree to indemnify and hold BMC and any of its employees, officers or directors harmless from and against all claims, liabilities, damages, demands, losses, costs or expenses (including reasonable legal fees) related to any violation of this Legal Notice by you or in connection with the use of the Website or the placement or transmission of any information or the Website Content by you.
Without limiting the generality of the foregoing, if you are dissatisfied with any portion of the Website or with any of the terms or conditions set forth in this Legal Notice, your sole and exclusive remedy is to discontinue using the Website.
BMC Not Responsible for Internet Software or Computer Viruses
Due to the inherent technical difficulties associated with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website. Computer viruses or other destructive programs may also be inadvertently downloaded from the website. Any use of the Website is at your own risk and BMC shall not be liable for Internet software, computer viruses or destructive programs and recommends that you install appropriate anti-virus or other protective software.
BMC Not Responsible for Linked Websites
BMC is not responsible for the accuracy or content of any linked website or any link contained in a linked website. BMC may provide links to third party websites for your convenience only and the inclusion of these links does not imply that the Company monitors or endorses these third-party websites. Accordingly, BMC accepts no responsibility for such websites and the use of such third-party websites will be solely at your own risk. BMC will not be liable to you for any claims, losses, or damages suffered or resulting from or arising out of the interpretation, reliance upon or other use, authorised or unauthorised, of such website or information. It is your responsibility to ensure that you review and agree to the terms and conditions applicable to any such third-party website before using it.
Website provided as a Service Only
The Website is not intended as a solicitation or offering of securities in any jurisdiction and the information contained herein in no way shall be construed or interpreted as such. No securities commission or other regulatory authority in Canada or any other country or jurisdiction has in any way passed upon this information and no representation or warranty is made by BMC to that effect. The information on the Website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to BMC and should not be used for the purpose of making investment decisions concerning BMC securities. Nothing on the Website is intended to constitute investment, financial, legal, tax or accounting advice, and you should not rely on the information on the Website for such advice.
Privacy Statement
Any material, information or other communication (including any personal information, questions, comments or suggestions) you transmit to BMC through this website will be considered non-confidential and non-proprietary ("Communications"). In making any such transmission, you agree that BMC will have no obligations of any kind with respect to the Communications. Where it is necessary, in order to answer your enquiry, the Communications you have provided may be passed to any one of BMC's offices or affiliates worldwide. By sending any Communications to us, you are consenting to the transfer and processing of any such personal information contained therein for these purposes.
Any concerns you may have relating to the privacy or confidentiality of this website should be directed to BMC at:
BMC Minerals Ltd.
750-789 West Pender Street
Vancouver, British Columbia V6C 1H2
CANADA
Telephone: +1 778 379 9262 (Ext: 101)
Facsimile:+ 1778 379 9263
Email:info@bmcminerals.com
Attention: James Paterson, Chief Financial Officer
Applicable Law
The laws of the province of British Columbia and any applicable federal laws of Canada will govern this Legal Notice, the Privacy Policy and your use of the Website. The courts of the Province of British Columbia will have exclusive jurisdiction over any dispute arising out of your use of the Website.
You agree to comply with all applicable laws and regulations in your access and use of the Website, including the laws of the country in which you reside. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any cause of action or claim you may have with respect to the Website must be commenced within two (2) years after the claim or cause of action arises or such claim or cause of action is barred. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Legal Notice or the Privacy Policy. BMC may assign its rights and duties under this Legal Notice and the Privacy Policy to any party at any time without notice to you.
General
This Legal Notice, any and all other notices, policies and statements contained on the Website (as the same may be amended by BMC from time to time without prior notice) constitute the entire agreement between BMC and you. This Legal Notice and the Privacy Policy supersede anything in the Website inconsistent with this Legal Notice or the Privacy Policy. No waiver of any of this Legal Notice or the Privacy Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If, for any reason whatsoever, any terms or conditions of this Legal Notice or the Privacy Policy are deemed by a court to be void, voidable or otherwise unenforceable, such determination shall not affect the remaining provisions hereof and the remaining provisions of this Legal Notice or the Privacy Policy shall remain in full force and effect.