Website Terms and Conditions

Effective date: 2 August 2023

These Website Terms and Conditions ("Terms") govern your use of the www.phoenixlithium.com website (the "Website") provided by Phoenix Lithium ("us", "we", or "our"), a company specialising in lithium development.

By accessing or using the Website, you agree to be bound by these Terms. Please read these Terms carefully before using the Website and, if you do not agree with any part of these Terms, please do not access or use the Website.

1. Changes to these Terms:

We may need to make changes to these Terms from time to time, to reflect changes to our operations. Every time you wish to use our Website, please check this link to ensure you understand the Terms that apply at that time.

2. Your rights to use the Website:

2.1. All copyright and other intellectual property rights in the Website, including all trade marks, reports, tools and other content appearing on the Website ("Our Content") are owned by us and/or our licensors.

2.2. We grant you a revocable, non-transferable, non-exclusive licence to use the Website for your own purposes, and to download and print out a copy of Our Content for your personal or internal business purposes.

2.3. You must not (and must not attempt to or permit or encourage any other person to):

(a) except as permitted by the licence set out above, use or copy any part of Our Content without our prior written consent;

(b) use any text or data mining or web scraping tools in connection with the Website or Our Content;

(d) create derivative works of or from any part of the Website or Our Content;

(e) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms;

(f) remove, obscure, obstruct, tamper with or alter any copyright marks, trade marks or other proprietary marks or notices on the Website or any of Our Content;

(g) knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; or

(h) attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

3. Information Accuracy and Performance of Website:

3.1. Our Content is for general informational purposes only and should not be construed as financial advice. We make reasonable efforts to ensure that Our Content is accurate, complete, and up-to-date at the time of publishing. However, to the extent permitted by law and subject to any Non Excludable Guarantees, we do not warrant or guarantee the accuracy, reliability, or completeness of any of Our Content. The information may change without notice, and we are under no obligation to update or correct any information on the Website.

3.2. The availability and performance of the Website depends on various factors outside of our control, including your network connection and the functions, capacity and configuration of the device which you use to access the Website, and as such we cannot guarantee that:

(a) you will be able to use the Website and/or Our Content at any time; or

(b) your use of the Website will be continuous, uninterrupted, secure or error-free.

4. Accessibility:

We have taken reasonable steps to ensure that our Website is accessible and to comply with the Web Content Accessibility Guidelines (WCAG) and other equivalent standards and requirements. However, to the extent permitted by law we are not liable for any accessibility issues you may encounter while using the Website.

5. Limitation of Liability:

To the maximum extent permitted by law and subject to any Non Excludable Guarantees, Phoenix Lithium, its directors, officers, employees, agents, and affiliates will not be liable for any loss or damage (including, without limitation, any direct, indirect, incidental or consequential loss or special damages), whether in tort (including negligence) or otherwise arising out of or in connection with the Website or Our Content, including (without limitation) in connection with:

(a) your use, and the use by anyone else in your organisation, of the Website or any of Our Content;

(b) your inability to use the Website or any of Our Content for whatever reason;

(d) any interference with or damage to your device (or any software or data on your device) resulting from your use of the Website or Our Content.

6. Non Excludable Guarantees:

To the extent we are permitted to do so by law, we exclude from these Terms any term (including any representations, conditions and warranties), guarantee or right that may be implied or imposed, whether by statute, general law or custom. This does not apply in respect of any term, guarantee or right implied or imposed by law for which we are not able to exclude or limit our liability (“Non Excludable Guarantees”), which may include those imposed by the Australian Consumer Law. However, where we are able to limit our liability for breach of any such Non Excludable Guarantee, we limit our liability to the following remedies (the choice of which is will be at our sole discretion):

(a) in the case of goods: the replacement of the goods or supply of equivalent goods; the repair of the goods; or the payment of the costs of replacing the goods or of acquiring equivalent goods; or

(b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

7. Privacy:

7.1. We may collect, use and store your personal information in accordance with these Terms, our Privacy Policy and applicable laws, including for the purposes of making the Website available, complying with our legal obligations, and improving the user experience in relation to the Website.

7.2. If you provide us with any personal information in respect of the Website or Our Content, you represent and warrant to us that:

(a) you have complied with all applicable privacy laws;

(b) we are able to use that personal information for the purposes set out in these Terms, our Privacy Policy and applicable legislation; and

8. Security:

8.1. The Website uses the internet to provide services and information. By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your device. We do not warrant or guarantee the security of the Website.

8.2. You are solely responsible for the security of any device which you use to access the Website (including any software or data on that device) and for using appropriate and up-to-date software on your device(s) to detect and manage the threat posed by viruses and other harmful code.

9. Third party links:

The Website may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. You acknowledge that you access such links at your own risk and we make no representations or warranties as to, and accept no responsibility or liability for:

(a) your use of such links; and

(b) the accuracy of information provided via such links on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

10. Suspension, withdrawal of or changes to the Website:

We reserve the right to:

(a) immediately suspend, lock or terminate your access to and/or use of the Website; and/or

(b) withdraw, add, change or disable the Website and/or any of its features or components, including any of Our Content,

in each case at any time and for any reason, without notice to you. If requested by us, you must immediately:

(a) cease your use of the Website; and/or

(b) destroy, expunge, disable or restrict access to any of Our Content that you have printed or downloaded, and any information derived or generated from that information.

11. Financial Advice Disclaimer:

Our Content is for general informational purposes only and should not be considered as financial advice. You should consult with a qualified professional before making any financial decisions or investments based on Our Content.

12. General:

12.1. These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia and the courts authorised to hear appeals from them.

12.2. We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy. Any waiver by us must be provided in writing.

12.3. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, then the relevant provision may be severed from these Terms and the invalidity of that provision will not affect the validity of the remaining provisions.

13. Contact Us:

If you have any questions, concerns, or requests regarding these Terms, please contact us by one of the following means:

• Address: Level 24, 477 Collins Street, Melbourne, Victoria 3000 Australia

• Email: info@phoenixlithium.com

Terms and Conditions | Privacy Policy