DISCLAIMER

Legal Disclaimer

Ambatovy Minerals S.A. / Dynatec Madagascar S.A.
Terms of Use, Disclaimers and Legal Notices
Posted: June 1st, 2011

Terms of use

Use of this web site is subject to adherence to the following terms and conditions, which you acknowledge as constituting a binding agreement (the “Agreement”) between you and each of Ambatovy Minerals S.A. and Dynatec Madagascar S.A. (“Project”) made in consideration of this site being made available to you by the Project. For purposes of this Agreement, the Project includes its subsidiaries, affiliates, partnerships, associations and joint ventures, as well as their respective directors, officers, employees, representatives and agents. Your use of this web site indicates your acceptance of these terms and conditions. The Project may, at any time without notice, revise any and all of these terms and conditions. Changes shall be effective upon posting. Your continued use of this web site after any changes to this Agreement are posted, will be considered acceptance of those changes.

The Project may terminate, change, suspend or discontinue any aspect of the Project web site, including the availability of any feature of the web site, at any time. The Project may also impose limits on certain features and services or restrict your access to parts or all of the web site without notice or liability. The Project may terminate the authorization, rights and licence given above and, upon such termination, you shall immediately destroy all materials.

Ownership
Copyright and Contents of Site
Copyright © 2011. Ambatovy Minerals S.A. and Dynatec Madagascar S.A.. All rights reserved.

Copyright and trade marks

The trade marks “Ambatovy”, “Dynatec” and other forms thereof are the property of the Project.
The material provided on this web site is protected by copyright laws and treaties. Except as specifically stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without prior written permission. You also may not, without the Project’s permission, “mirror” any material contained on the web site on any other server.

Disclaimer

THIS WEB SITE IS PROVIDED ON AN “AS IS” BASIS. USAGE OF THE WEB SITE IS AT YOUR OWN RISK. THE PROJECT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THIS WEB SITE OR ANY OF ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO THE OPERATION, AVAILABILITY OR STABILITY OF THIS WEB SITE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF ITS CONTENTS OR THE MERCHANTABILITY OR FITNESS OF ANY SUCH INFORMATION OR CONTENT FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT, INCLUDING THE TRANSMISSION OF ANY SUCH CONTENT FROM THE WEB SITE TO YOU. ANY IMPLIED WARRANTIES, WHETHER STATUTORY OR OTHERWISE, ON ANY SUCH MATTERS ARE HEREBY EXPRESSLY EXCLUDED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

IN ACCESSING THIS OR ANY OTHER WEB SITE IT IS YOUR RESPONSIBILITY TO ENSURE YOU TAKE THE NECESSARY PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.

IN NO EVENT SHALL THE PROJECT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (WHETHER GENERAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL) ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OR UNAVAILABILITY OF THIS WEB SITE, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

To the full extent permitted by applicable law, you agree to indemnify the Project against any and all liability resulting from any violation of any law arising from your use of this web site.

General legal matters

Governing law and jurisdiction

This web site was created and is maintained by the Project from its offices in Antananarivo, Madagascar. Third parties may be engaged by the Project to provide various services with respect to the web site. The laws of the Madagascar govern this Agreement, without giving effect to any principles of conflict of laws. Any dispute arising directly or indirectly under this Agreement, or from the use of this web site or the content thereof, is to be determined in accordance with the laws of the Madagascar, adjudicated upon by a court of law in Madagascar.

The Project does not make any representation that the information contained in this web site or that access to this web site is appropriate or available for use throughout the world. You are responsible for compliance with all local laws, which apply at your point of web access, including, but not limited to, export and import laws and regulations.

Privacy

The following sets out the Project’s privacy policy with respect to use of the web site. This privacy policy governs the Project’s data collection, use, storage and disclosure of personal information on this web site. By using or accessing this web site, you agree to the collection, use, storage and disclosure of your personal information in accordance with the terms and conditions of use for the web site and this privacy policy. If you do not agree with the terms and conditions for use of the Project’s web site or this privacy policy, please discontinue your use of the web site.

Information collection

The Project is the sole owner of the information collected on the web site. The Project collects information from users of the web site in several ways:

  • Users seeking employment by posting a resume on the web site are required to enter information including name, address, email address and other information necessary for an employer to contact the individual for any job opportunities. The Project does not sell or otherwise make available for use any of this contact information except for the purpose mentioned above. Other users seeking employment are prohibited from viewing your contact information. Only authorized Project administrators are able to view the contact information provided by users seeking employment. Information collected is stored on a secure database which is accessible only by Project administrators.

  • While the web site’s servers do not collect specific e-mail addresses, domain names are collected and aggregated for the purpose of measuring certain types of usage data, such as the number of visits and access time. This information is used to measure the use of the web site and to improve its content.

  • If a user’s identifiable personal information changes or if a user no longer desires this information to be viewed by the Project, there is a provision to correct, update, delete or deactivate users’ identifiable personal information.

  • In the event the Project merges, reorganizes or is sold in whole or in part to another company, users’ personal information will, in most instances, be part of the assets transferred. If as a result of the business transition, users’ personal information will be used in a manner different from that stated at the time of collection, they will be notified.

Communication

The Project communicates and interacts with individuals seeking employment in various ways. Out of respect for users’ privacy, “opt-out” options are provided for these optional communications. All new users will receive a welcoming email to verify password and username when they create an account. On rare occasions it may be necessary to send out a service-related announcement to users by email in respect of which users may not opt-out. On a periodic basis, users may be notified of changes to the service, or of a resolution to an account issue, in accordance with users’ wishes.

Cookies

“Cookies” are pieces of information that are transferred to your computer’s hard drive for record-keeping purposes related to information about users and their use of the web site. The web site and/or some of its pages might utilize cookies to enable the Project to better serve users with more tailored information when the users return to the web site. The information stored will make your usage of the web site easier and faster, and will save you from having to re-enter information on each visit. Cookies are also used when personalized information is requested. Users may choose to turn off cookies, in which case they may still use and access the web site but such use and access may be limited in some areas of the web site. Users may turn off or disable cookies by following the help instructions in their internet browser.

The Project does not use cookies to retrieve information which was not originally sent in the cookie, and does not use information transferred through cookies for any promotional or marketing purposes. This information is not shared with or sold to any third parties.

Links

The web site contains links to other sites. The Project does not guarantee that your personal information will not be captured by third-party web sites which may be connected to this web site by way of hyperlinks or pointers, and will bear neither responsibility nor liability if any personal information is either captured or utilized by third-party web sites. The Project is not responsible for the privacy practices of such web sites.

Confidentiality

It is important to note that although the Project makes every effort to preserve user privacy, disclosure of personal information may be required by law, for example, where it is necessary to comply with a judicial proceeding or court order.

Agreement

By using this web site, you agree to the Project’s privacy policy. The Project reserves the right, at its discretion, to change, modify, add, or remove portions of this policy at any time. Your continued use of this web site, following changes to these terms, deems you to have accepted those changes.

Other matters

Changes

All information on this web site is subject to change without notice. The Project may, at any time, without notice, make changes to its policies by which it conducts its business, as well as to the manner in which it manages, acquires or disposes of its assets.

Submission of Confidential Information by Users

Any unprotected e-mail communication over the Internet is not, as with any communication transmitted over any other medium, confidential, and is subject to possible interception, loss, and alteration. The Project is not responsible for and will not be liable to you or anyone else for any damages in connection with an e-mail sent by you to the Project or an e-mail sent by the Project to you at your request, except in the case of job seekers.

The Project discourages you from sending any confidential or proprietary information to it through its web site, other than identifiable personal information provided by users seeking job opportunities. You agree that any information or materials (with the exception of identifiable personal information) provided to the Project by you, or individuals acting on your behalf, will not be considered confidential or proprietary. By providing any such information or materials to the Project, you grant the Project an unrestricted, irrevocable, worldwide, royalty-free licence to use, reproduce, display, publicly perform, transmit and distribute, such information and materials, and you further agree that the Project is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to the Project. You further recognize that the Project prohibits, and you warrant that you shall not transmit to the web site, any information or materials that are defamatory, threatening, obscene, pornographic, harassing, or otherwise unlawful, or that incorporate the proprietary material of another.

Severability

If any provision of this Agreement is wholly or partially unenforceable for any reason, such unenforceable provision or part thereof shall be deemed to be omitted from this Agreement without in any way invalidating or impairing the other provisions of this Agreement.