Terms and Conditions

Terms and Conditions

These terms and condition (hereinafter “Terms”) govern your (“You”, “you” or “your”) use of Andean Precious Metals, Corp. (“we”, “us” or “our”) website located at www.andeanpm.com (“Website”), including all associated features, functionalities, related websites and user interfaces, software applications, videos or other content or material that is owned by us.

I. ACCEPTANCE

You acknowledge and recognize that you have read these Terms and agree to be bound to these Terms. By using our Website, you also agree to be bound by these Terms. If you do not agree to be bound by these Terms, please refrain from using our Website.

II. PRIVACY POLICY

Please see our Privacy Policy, as it contains relevant information relating to your use of our Website.

III. COPYRIGHT AND TRADEMARKS

We own and retain all rights, title and interest in all intellectual property such as trademarks, copyrights, logos, materials and design content, included or made available through our Website (the “Company’s IP”) and you acknowledge that you neither own nor acquire any rights in and to the Company’s IP. You further acknowledge that we retain the absolute right to use the Company’s IP in its sole discretion for any purpose. The display of trademarks on pages at this Website does not imply that a license of any kind, implied or otherwise, has been granted to you. We reserve all rights not expressly granted to you hereunder. You shall not challenge or enable third parties to challenge the ownership or validity of the Company’s IP. You shall not adopt, register, apply to, register or otherwise use substantially similar or confusingly similar intellectual property or content to the Company’s IP. Except for non-commercial, personal or educational purposes, where the material is not modified and that copyright or trademark notices are not deleted, materials may not be copied, reproduced, modified, uploaded, posted, transmitted, or distributed in any way without our prior written approval. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of the laws of Ontario or federal laws, trademark and/or copyright laws and could subject the copier to legal action.

IV. INDEMNITY AND MORAL CLAUSE

You agree to defend, indemnify and hold us, our subsidiaries and other affiliated companies (and each of their respective present shareholders, managers, directors, officers, employees, agents and assigns) harmless from and against any and all damages, actions, claims, liabilities, costs and expenses (including reasonable attorneys’ fees, disbursements and court or administrative costs) incurred by any of them arising out of (i) your breach of any provision of these Terms and (ii) a claim by a third party of an act, omission or wrongdoing by you which, if proven true, would constitute a breach of these Terms by you (hereinafter “Indemnification Obligation”). This Indemnification Obligation will survive any termination or cancellation of these Terms and your use of our Website.

For any given incident, we shall have the right to cancel, terminate or restrict your use or access to our Website, if you have engaged in conduct which would be deemed a violation of this section (hereinafter “Moral Clause”). For purposes of these Terms, you shall be deemed to have violated this Moral Clause of these Terms if you at any time after the date you started using or accessing our Website (i) are charged with committing a misdemeanor of moral turpitude or a felony that is punishable by a prison term (regardless of the length of their term associated with such offense); (ii) commit or are accused of committing an act involving moral and illegal turpitude under any federal, state or local law in Canada or worldwide; or (iii) commits an act of significant public disrepute or becomes the subject of a scandal such that we believe, in our sole discretion, that the marketability of such incident or our image has been or will be negatively affected.

V. DISCLAIMER; NO REPRESENTATIONS OR WARRANTIES

Although considerable care has been taken in preparing and maintaining the information and materials contained on this Website, your use of the Website, its content or items obtained through the Website is at your own risk. The website, its content and any service or product obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of our Website. Without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the Website, its content or any service or product obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components or that the Website or any service or product obtained through the Website will otherwise meet your needs or expectations. We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties, which cannot be excluded or limited under applicable law.

VI. EXCLUSIONS AND LIMITATIONS OF LIABILITY

We shall not be liable for any damages whatsoever (including indirect, incidental, special, punitive or consequential damages and loss of profits, opportunities or information) arising from (a) your use of or reliance on information contained on this Website; (b) any inaccuracy or omission in such information or failure to keep the information current; (c) use of any third party web sites linked or referred to in this Website; (d) any delays, inaccuracies or errors in, or in the transmission of, any stock price quotes or historical price data; (e) any Internet software used in connection with this Website or computer viruses or other destructive programs encountered as a result of using this Website; and (f) any other matter connected with the Website; even if we are made aware of the possibility of such claims, damages or losses.

VII. ACCEPTANCE OF THESE TERMS

You acknowledge and recognize that you have read this Policy and agree to be bound to all its terms and conditions. By using our Website you also agree to be bound by this Policy. If you do not agree to be bound by this Policy, please refrain from using our Website.

VIII. CONTACT US

If you have any such request about your Personal Information, please send us an email to info@andeanpm.com.

IX. MISCELLANEOUS, GOVERNING LAW AND JURISDICTION

We reserve the right to discontinue or amend any section of this Policy at any time and will notify you of any material changes for treatment of Personal Information. Any updated version of this Policy will be effective immediately upon the posting on our Website.

This Policy shall be governed by the laws Ontario and the federal laws applicable therein, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in the City of Toronto where this Policy was issued, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Last updated: March 10th, 2021