Terms of Use

The “Responsible Mining Business Integrity Tool” (Tool) is operated by Transparency International Australia (ABN 23 068 075 525) as host of the Accountable Mining Programme (we, our and us).

Only individuals employed by a mining company or advisers acting on behalf of a mining company are eligible to use the Tool. We will verify requests before registering new users and we retain sole discretion as to who is able to use the Tool.

Use of the Tool, or any service provided through the Tool, is subject to these Terms of Use.

By registering an account on or using the Tool, you will be deemed to have accepted and agreed to be bound by these Terms of Use as updated from time to time.  If you do not agree to these Terms of Use, or any changes to them, do not register an account or use the Tool.

1. who do these terms of use apply to?

1.1 These Terms of Use apply to:

(a) any individual who registers an account on the Tool (Registered User);

(b) any individual authorised by the Registered User to access or use the Tool; and

(c) any entity on whose behalf an individual registers an account on or accesses or uses the Tool,

each being referred to as ‘you’ or ‘your’ in these Terms of Use.

1.2 By accessing and using the Tool, you warrant that you have the authority of the entity you represent or purport to do so to legally bind that entity to these Terms of Use.

2. use of the tool

2.1 Once your request is approved, you may create an account to access and use the Tool in accordance with the Terms of Use.

2.2 Subject to these Terms of Use, we grant you a personal, non-exclusive and non-transferable right to use the Tool.

2.3 These Terms of Use apply in all respects to functions or other aspects of the Tool that are changed or added at any time.

2.4 You may use the Tool solely for your internal business purposes.

2.5 You must not:

(a) use, operate, copy, distribute, sell, sublicense, rent or modify the Tool, except as expressly permitted by these Terms of Use;

(b) operate the Tool for the benefit of a third party, except as expressly permitted by these Terms of Use;

(c) send or post harmful computer programs in connection with the Tool, such as a virus.

You indemnify us from and against any and all losses, damages, costs, expenses and other liabilities that we may suffer or incur as a result of or in connection with any breach of this clause.

2.6 You are responsible for setting a secure password to protect access to your account. You must keep the password secure and not permit any unauthorised person to access the tool.

3. company data

3.1 We will only use the data provided by you or on your behalf in connection with the Tool (Company Data) for the purpose of delivering the service provided through the Tool and as otherwise permitted by these Terms of Use, and you grant us a limited, non-exclusive, worldwide, royalty free licence to use the data solely for this purpose.

3.2 We acquire no right, title or interest in or to Company Data and will not share or distribute Company Data except as permitted in these Terms of Use or required by applicable law.

3.3 Where Company Data is in our possession or control, we will take reasonable steps to maintain the security of the Company Data. However, you acknowledge that we cannot guarantee the security of Company Data and agree that all Company Data is provided at your own risk.

3.4 We may access, use, analyse, publish and disseminate Company Data for the purposes of:

(a) delivering workshops, training and assistance in relation to business integrity issues;

(b) research and providing statistical analysis to inform industry understanding about business integrity in the mining sector;

(c) publishing reports and blogs about business integrity issues.

However, we will not publish or disseminate any Company Data in a way which identifies, or makes it reasonably possible for readers or recipients of the information to identify, the company which you represent or on whose behalf you are acting as the subject of the Company Data, without your prior written permission.

4. ongoing use and cookies

4.1 You acknowledge and agree that we may, but are not obliged to:

(a) monitor use of the Tool by you, including to verify that the Tool is being used in accordance with these Terms of Use;

(b) make changes to the Tool, and the eligibility criteria published in the Terms of Use, or discontinue the operation of the Tool, at any time without notice to you; and

(c) notify you of changes to the Tool through communications to the email address to which the account is registered.

4.2 The Tool and the Transparency International Australia website may use “cookies” to collect information from you or the Registered User. This information is used for our internal statistical purposes and to improve our services.

5. affiliation

5.1 You may communicate about and promote your use of the Tool.

5.2 You must not publicly state or imply that use of the Tool or the results obtained constitute endorsement of the company’s anti-corruption programme or of the company itself by us or by Transparency International.

5.3 When communicating the results obtained by using this Tool, you must make it clear that they are derived from a self-evaluation.

6. ownership

6.1 Unless otherwise stated, the Tool and all information and materials contained within or made available to you through the Tool (Content) is owned by us or our licensors and is protected by intellectual property rights.

6.2 You may download and print copies of the Content in the form in which it is displayed on the Tool for your own internal business purposes.

6.3 Except to the extent permitted by non-excludable applicable law, you must not modify, copy, reproduce, sell, frame, scrape, distribute to a third party or create derivative works from the Tool or any Content in any way except as expressly permitted within the Tool or with our prior written permission.

6.4 We reserve all rights in the Tool and the Content not expressly granted to you under these Terms of Use.

7. liability

7.1 To the extent permitted by applicable law, the Tool is provided to you “as is” and we exclude and do not make or give any express or implied representations, conditions or warranties in relation to the Tool. Without limitation, we do not warrant that the Tool will operate uninterrupted, be free from defects or viruses or meet your requirements.

7.2 To the extent permitted by law, under no circumstances will we be liable to you or any other person for any claim, loss, liability, damages or expense whatsoever (including any special, consequential, indirect or incidental damages) suffered or incurred under or in connection with these Terms of Use, their subject matter or any access to or use of the Tool, regardless of how they arise (whether in tort (including negligence), contract, statute or on any other basis).

7.3 The Tool, the results and the recommendations do not constitute legal advice. Independent legal advice should be obtained regarding legal obligations and potential liabilities based on the particular circumstances of your company.

7.4 All content in the Tool has been created by us and is not necessarily endorsed by the funders of the Accountable Mining Programme.

8. suspension or termination

We may temporarily suspend or terminate your account and access to the Tool at our absolute discretion without any liability to you.

9. privacy

We collect personal information about you (your name and email address) when you register an account on the Tool. We also collect information about how you use the Tool.

We collect this personal information for the purposes of providing you with the Tool and the services offered on the Tool. We may also use the personal information to offer you workshops, training and assistance in relation to business integrity issues.

If you have any concerns or queries about the way your personal information is managed by us, you can contact us by email to info@transparency.org.au. A copy of our privacy policy can be viewed at https://transparency.org.au/privacy-policy.

10. changes to these terms of use

We may amend these Terms of Use from time to time by posting the amended version on the Tool.  Subsequent or continuing access to or use of the Tool will constitute acceptance of any changes. 

11. general

These Terms of Use are governed by the laws of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria in relation to any dispute arising out of, or in connection with, any use of the Tool.  If any provision of these Terms of Use is held unenforceable or illegal for any reason, these Terms of Use will remain otherwise in full force apart from the provision which will be deemed deleted.

Updated 9 February 2021