Terms
of Use.

01

Acceptance and eligibility

By accessing or using the Website, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Website.

You must be at least 18 years old and legally capable of accepting these Terms. If you use the Website for a company or other organization, you represent that you have authority to act for it, and “you” includes that organization.

These Terms govern the Website only. A signed transaction, confidentiality, advisory, supply, purchase, partnership or other agreement with Kikan may impose additional or different terms. If there is a conflict, the signed agreement governs the subject it addresses.

02

Website information is general

Website content is provided for general corporate and business-introduction purposes. It is not legal, tax, investment, financial, technical, geological, assay, customs, sanctions, security or other professional advice. You must obtain independent advice appropriate to your circumstances.

References to countries, markets, processes, opportunities or potential relationships describe areas of interest or approach. They do not confirm a mine interest, licence, supplier, buyer, refinery, inventory, assay, purity, volume, price, route, approval, certification or completed transaction.

We try to maintain useful and accurate content, but information may be incomplete, become outdated or contain errors. You should not rely on the Website as the sole basis for a commercial, operational or investment decision.

03

No offer, approval or transaction

Kikan may accept, decline, pause, condition, change or end an enquiry or review at its discretion, subject to applicable law and any binding written agreement. Kikan does not guarantee price, purchase, sale, finance, assay, export, import, delivery, settlement, exclusivity or timing.

04

Permitted and prohibited use

You may view, download and print reasonable portions of the Website for lawful internal business evaluation, provided you keep notices intact and do not imply Kikan’s endorsement.

You must not:

• use the Website for unlawful, fraudulent, misleading, abusive or harmful activity;
• misrepresent your identity, authority, ownership, source, rights, product, location or relationship with Kikan;
• claim approval, partnership, agency, certification, representation or a transaction commitment without express written authority;
• upload malicious code, interfere with security, probe vulnerabilities or attempt unauthorized access;
• scrape, harvest or extract data at scale, or use automated systems in a way that burdens or disrupts the Website;
• copy, frame, republish, modify, sell or commercially exploit Website content except as law or written permission allows;
• remove copyright, trademark or other proprietary notices; or
• use the Website to infringe another person’s privacy, confidentiality, intellectual-property or other rights.

05

Your information and submissions

You are responsible for the legality, accuracy and completeness of information you submit and for having authority to provide it. You must promptly correct material changes and must not submit forged, altered, stolen, misleading or unlawfully obtained material.

You retain ownership of material you submit. You grant Kikan a non-exclusive, worldwide, royalty-free licence to receive, store, reproduce, review, verify, translate and share it with authorized personnel, advisers and service providers as reasonably necessary to assess your enquiry, protect Kikan, comply with law or pursue an authorized relationship. This licence ends when those purposes and lawful retention needs end.

Personal information is handled under our Privacy Policy.

06

Intellectual property

The Website and its text, design, graphics, logos, photographs, code, selection and arrangement are owned by Kikan or used with permission and are protected by applicable intellectual-property laws.

Kikan’s names, logos, monograms, trade dress and related brand features may not be used without prior written permission. Nothing on the Website grants a licence by implication, estoppel or otherwise except the limited right of access expressly stated in these Terms.

If you believe Website material infringes your rights, email info@kikan.ca with your contact details, the work or right concerned, the exact page, the basis of your claim and supporting information.

07

Third-party websites and participants

The Website may link to independent websites or refer to third-party standards, authorities, service providers or market participants. Links are supplied for context or convenience and do not constitute endorsement, control, partnership or a warranty.

Kikan is not responsible for independent content, availability, security, privacy practices, products, services or decisions. Your dealings with a third party are between you and that party unless an authorized written agreement states otherwise.

08

Electronic communications and records

You agree that Kikan may communicate with you electronically regarding your Website use or enquiry, subject to applicable consent and electronic-communications laws. Electronic records and signatures may have legal effect where the parties intend them to and applicable law permits.

However, an automated confirmation, form receipt, email acknowledgement, website message or electronic record does not by itself indicate acceptance of a commercial proposal or create a binding Kikan commitment. Binding terms must clearly identify themselves as such and be accepted by authorized parties.

09

Website disclaimers

To the maximum extent permitted by law, the Website is provided “as is” and “as available”. Kikan disclaims representations, warranties and conditions, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security and freedom from harmful components.

Kikan does not warrant that the Website will be uninterrupted, error-free, current or suitable for your purpose, or that defects will be corrected. Nothing in these Terms excludes a warranty, condition, remedy or right that cannot lawfully be excluded.

10

Limitation of liability and indemnity

To the maximum extent permitted by law, Kikan and its directors, officers, employees, representatives and service providers will not be liable for indirect, incidental, special, consequential, exemplary or punitive loss, or loss of profit, revenue, opportunity, data, goodwill or anticipated savings arising from or related to the Website, its content, your reliance on it, a third-party link, unauthorized access or inability to use the Website.

To the maximum extent permitted by law, Kikan’s aggregate liability arising solely from your use of the Website will not exceed CAD $100. This limit does not apply to liability that cannot lawfully be limited or excluded.

You agree to indemnify and hold Kikan and its directors, officers, employees and representatives harmless from third-party claims, losses, liabilities and reasonable costs arising from your unlawful use of the Website, material breach of these Terms, misrepresentation, or infringement of another person’s rights. This obligation does not apply to the extent a claim results from Kikan’s own wrongful conduct.

11

Suspension, availability and changes

We may restrict, suspend or terminate access; remove a submission; or modify, withdraw or discontinue any Website function where reasonably necessary for security, maintenance, legal compliance, risk management or misuse. We are not required to keep any feature or content available.

We may update these Terms by posting a revised version and date. Changes apply prospectively when posted unless another date is stated. Continued use after the effective date means you accept the revised Terms. Material changes will receive additional notice where required by law.

Provisions that by their nature should survive termination—including ownership, transaction boundaries, disclaimers, liability, indemnity and governing law—will survive.

12

Governing law and disputes

These Terms and Website-related disputes are governed by the laws of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. Subject to any mandatory right or jurisdiction, you and Kikan submit to the exclusive jurisdiction of the courts located in Alberta.

Nothing in these Terms limits non-waivable rights under Alberta’s Consumer Protection Act or other applicable law. If you use the Website as a consumer and mandatory law gives you additional protections or a different forum, those protections and requirements prevail.

13

General terms and contact

If a provision is invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will continue. A failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without Kikan’s written consent; Kikan may assign these Terms as part of a lawful corporate transaction. Headings are for convenience only.

These Terms, together with the incorporated Privacy Policy and any applicable page-specific notice, are the entire agreement concerning Website use. They do not replace a separate binding agreement concerning a transaction or relationship.