Terms of Service

Last Updated: January 2026

1. Acceptance of Terms

By accessing or using the MineSales WA service ("Service") provided by NextMaps Pty Ltd (ACN 694 165 583) ("we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

MineSales WA provides mining tenure tracking, mapping, and alert services for the Western Australian mining industry. The Service includes:

Interactive mapping of mining tenements
Email alerts for tenure changes
Marketplace for tenement transactions
Data analysis and visualization tools
Tenement and AOI defined spatial datapack exports

3. Data Sources and Accuracy

Important: This application displays data sourced from the Department of Mines, Petroleum and Energy (DMPE) and other government agencies. While we strive for accuracy, the information presented may contain errors, omissions, or be out of date. Government datasets may update daily, weekly, or monthly depending on the data provider schedule. Always verify information with official government sources before making any business or investment decisions.

4. Not Professional Advice

The Service is provided for informational purposes only and does not constitute legal, investment, or professional advice. You should not rely on the Service for:

Legal determinations of tenure rights or boundaries
Investment or business decisions
Regulatory compliance
Due diligence processes

Always consult with qualified professionals for advice specific to your situation.

5. User Accounts

To access certain features, you must create an account. You agree to:

Provide accurate and complete information
Maintain the security of your account credentials
Notify us immediately of any unauthorized access
Be responsible for all activities under your account

6. Subscription and Payment

Premium features require a paid subscription. By subscribing, you agree to:

Pay the applicable subscription fees
Provide valid payment information
Accept automatic renewal unless cancelled

Subscriptions may include a trial period as specified at signup. You may cancel at any time. Subscription payments are non-refundable after the billing date.

6.1 Service Changes and Availability

We may add, modify, replace, or discontinue any feature of the Service at any time without notice. Features may change due to government data source modifications, API updates, technical requirements, or business decisions. We do not guarantee uninterrupted or error-free operation, and we are not responsible for any loss resulting from changes, downtime, or discontinuation of features.

7. Marketplace Terms

The tenement marketplace allows users to list and discover tenements for sale. By using the marketplace, you acknowledge and agree to the following:

7.1 General Terms

We are a platform only and not a party to transactions
Sellers are responsible for the accuracy of their listings
Buyers must conduct their own due diligence
Seller contact details are released at no charge following your submission of an introductory message through the platform. Once disclosed, contact information cannot be withdrawn.

7.2 Seller Obligations - Anti-Circumvention

Sellers explicitly agree NOT to:

Include contact details in listings: Phone numbers, email addresses, social media handles, or any other contact information must NOT be included in listing descriptions, titles, or metadata
Embed contact details in files: Contact information must NOT be embedded in uploaded images, documents, PDFs, or any other file attachments
Use coded references: Disguised contact information (e.g., "call triple-five-one-two-three-four") is prohibited
Direct external solicitation: Directing buyers to external websites, forums, or platforms to bypass the unlock system is strictly prohibited
Contact detail sharing: After disclosure, encouraging buyers to share your contact details with users who have not sent their own introductory message is prohibited

Violation Consequences: Breach of these terms may result in listing removal, account warnings, and for repeated violations, account suspension or termination.

7.3 Buyer Obligations - Confidentiality

Buyers explicitly agree NOT to:

Share disclosed contact details: Contact information disclosed after sending an introductory message must NOT be shared with other users, third parties, or posted publicly
Facilitate circumvention: Buyers must not assist others in bypassing the introductory message requirement by sharing seller contact details
Commercial resale of contacts: Disclosed contact information may not be resold, redistributed, or used for commercial purposes beyond the original transaction

Violation Consequences: Breach of confidentiality obligations may result in account suspension or termination. Serious or repeated violations may result in legal action and liability for damages caused to the platform and sellers.

7.4 Monitoring and Enforcement

We employ automated and manual monitoring to detect circumvention attempts. This includes image text recognition, document scanning, and pattern analysis. Users found attempting to circumvent the system will be subject to the penalties outlined above.

8. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the Service
Scrape or harvest data without permission
Misrepresent information in marketplace listings
Share account credentials with others

9. Intellectual Property and Competitive Restrictions

9.1 Ownership

The Service and its original content, features, and functionality are owned by NextMaps Pty Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Prohibited Competitive Misuse

By using this Service, you explicitly agree NOT to:

Reverse engineer the Service: Decompile, disassemble, reverse engineer, or attempt to derive the source code, underlying ideas, algorithms, or structure of the Service
Copy proprietary features or workflows: Replicate, clone, or substantially copy the Service's distinctive features, user interface designs, proprietary workflows, alert systems, marketplace mechanisms, or other functionality that constitutes our trade secrets
Data scraping: Systematically extract, scrape, harvest, or aggregate data from the Service using automated means
Misuse confidential information: Use confidential information, trade secrets, internal workflows, proprietary algorithms, or non-public knowledge obtained through the Service to develop, enhance, or operate a competing product or service
Benchmarking for publication: Access the Service for competitive benchmarking, analysis, or publication of comparative performance results without prior written consent
Misappropriate proprietary methods: Use proprietary information including data processing methods, alert algorithms, pricing models, or business methodologies for competitive advantage

9.3 Trade Secret Protection

You acknowledge that:

The Service contains proprietary technology, data processing methods, and business methodologies developed through significant investment
Certain features including our marketplace lead fee model, RSS alert integration, spatial filtering algorithms, and tenement analytics workflows constitute valuable trade secrets
Unauthorized disclosure or use of these trade secrets would cause substantial harm to our competitive position
You will not disclose confidential aspects of the Service's functionality to third parties or use them outside the scope of this agreement

9.4 Enforcement and Remedies

Violation of these restrictions may result in:

Immediate account termination without refund
Legal action including injunctive relief to cease infringing activities
Monetary damages including actual damages, lost profits, and reasonable attorney's fees
Statutory damages where applicable under copyright and trade secret laws
Notification to affected parties where legally permissible and necessary to protect our rights

We actively monitor for unauthorized use of our proprietary technology and will enforce our intellectual property rights where appropriate. This agreement does not restrict independent development of similar concepts, but prohibits copying our specific implementations, trade secrets, and proprietary methodologies.

10. No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM AVAILABILITY, TITLE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT:

The Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis
The quality of the Service will meet your expectations
Any errors or defects in the Service will be corrected
Data presented through the Service (including government tenure data, spatial boundaries, or tenement status) is complete, accurate, current, or reliable

Important: Data presented through the Service may be incomplete, inaccurate, outdated, or contain errors. This data MUST NOT be relied upon without independent verification from official government sources. No decisions should be made based solely on information from this Service.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTMAPS PTY LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM COMPETITIVE ACTIVITIES, MARKETPLACE TRANSACTIONS, DATA ACCURACY, SERVICE INTERRUPTIONS, OR ANY OTHER ASPECT OF THE SERVICE.

11.1 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies rights or remedies that cannot be limited under the Australian Consumer Law or other applicable consumer protection legislation. Where such rights apply and cannot be excluded, our liability is limited to the maximum extent permitted under the law, which may include (at our option) resupplying the Service or refunding the subscription fee for the affected period.

12. Indemnification

You agree to defend, indemnify, and hold harmless NextMaps Pty Ltd from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

Your use of the Service or violation of these Terms
Your breach of intellectual property or competitive restrictions
Your marketplace activities, including circumvention attempts
Any content you submit or upload to the Service

13. Data Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Termination

We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or our business interests. This includes, but is not limited to, violations of competitive restrictions, marketplace anti-circumvention rules, or intellectual property rights.

Survival of Terms: The following sections survive termination of your account or these Terms: Intellectual Property and Competitive Restrictions (Section 9), No Warranties (Section 10), Limitation of Liability (Section 11), Indemnification (Section 12), Governing Law (Section 17), and any obligations for payment owed prior to termination.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Perth, Western Australia, for the resolution of any disputes.

18. Contact Information

For questions about these Terms, please contact us at:

NextMaps Pty Ltd
ACN: 694 165 583
Email: [email protected]
Website: www.nextmaps.com.au

By using MineSales WA, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.