PDAC Terms and Conditions for Online Convention Attendees

1. “Registered Participant” means any attendee, Exhibitor, sponsor, partner, speaker, media, or anyone approved to access the Online Convention through the Platform. Individuals must register via events.pdac.ca, pay the registration fees in full and accept the terms of this Agreement to receive a confirmation granting access to the Online Convention.
2. “Platform” is the online portal software licensed to PDAC and hosted by MeetingPlay. All Online Convention exhibits, programming and networking events and activities are accessed through the Platform. PDAC does not guarantee that the Platform will be error-free, timely, secure, or uninterrupted. Any minimum software or hardware requirements will be posted by PDAC on its website in advance of the Online Convention and Registered Participants are responsible for ensuring their software and hardware complies with the minimum requirements. For more information on MeetingPlay, including how your personal information is handled on the Platform, please visit the MeetingPlay website and Privacy Policy.
3. “Convention Access” means the access pass granted to the Platform to Registered Participants. Details of how to access the Platform will be outlined in a confirmation email that will be sent prior to the commencement of the Online Convention. As with in-person Convention passes, Convention Access is limited by pass type. For more information, visit the Fee & Pass Info page.
4. “Exhibitor” means any registered Online Convention exhibitor. For clarity, each Exhibitor and its representatives shall be bound by the terms of the PDAC 2022 Online Exhibitor Terms and Conditions, in addition to this Agreement.
5. “The Term” refers to the duration Convention Access is granted for the Online Convention and therefore how long the Agreement is valid and in effect. The Term commences on the date the Registered Participant submits a completed registration form to PDAC or otherwise accepts the Agreement, and continues in full force and effect until the close of the Virtual Convention or until the Agreement is otherwise terminated beforehand in accordance with the terms hereof.
6. “Registered Participant Profile” is the Registered Participants Convention profile on the Platform. In order to get the most out of the Convention experience, all Registered Participants are required to complete a Registered Participant Profile with a unique email. The information for your Profile will be prepopulated from the initial event registration and serve as basic data to identify you as you navigate through the Platform. You are responsible for keeping your Registered Participant Profile up to date and accurate. Your Registered Participant Profile is shared with MeetingPlay and PDAC for the purposes of operating the Platform, and portions of your Registered Participant Profile may be shared with other Registered Participants, Exhibitors, and partners as further described in Section 5 of this Agreement. See MeetingPlay’s Privacy Policy and PDAC’s Privacy Policy for more information on how your data will be used.
7. “Content” means any information that is shared or transmitted by or with any Registered Participant, Exhibitor, sponsor, partner, or user of the Platform, including without limitation, any audio, video, images, document, text, or any other materials located in the Platform. It includes user-generated content in social or networking circumstances.
8. “Form of Communication” means the methods of communication on the Platform with other Registered Participants, including but not limited to: images; audio and/or video recordings; public or private text and video chats; direct messages; surveys; Q&A; discussion boards; documents; etc.
9. “Convention Assistance” means direct connection with Organizers through the Platform for assistance with, but not limited to:

1. navigating the platform;
2. registration and membership;
3. sponsorship and partnership inquiries;
4. programming, Short Courses, events and entertainment;
5. presentation opportunities; and
6. technical issues.

The Registered Participant agrees to pay PDAC’s registration fees (the “Registration Fees”) and membership rates stated on the Registration Form and posted online at events.pdac.ca

PDAC accepts VISA, American Express (AMEX), MasterCard, cheques (cheque payments are only accepted until May 13, 2022). Wire transfers for payment of the Registration Fees and membership fees are not accepted. All cheques must be drawn from a CDN or US bank. All fees are quoted in CDN dollars.

All fees are quoted in Canadian dollars. Taxes must be applied to all registration fees based on the participant’s province of residence. Please refer to the tax chart below (HST# R107861973). International participants are tax-exempt.

All Registered Participants must register for Convention Access. If you forget or misplace your Convention Access information, please use the forgotten password procedure or contact the Registration Department at [email protected], +1 866 939 6468 or +1 647 362 8442.

Registration and ticketed event cancellation requests must be received in writing by May 27, 2022 (email the Registration Department at [email protected] or fax +1 647 362 8442) to receive a full refund of the Registration Fees less a 25% administration fee. There will be no refunds for cancellations received after May 27, 2022. Membership fees are non-refundable. For clarity, if the cancelling participant is also an exhibitor or sponsor, the cancellation policies with respect to any in-person Convention attendance, exhibitor or sponsorship fees will be governed by the terms of the PDAC 2022 Convention Sponsorship Terms, PDAC 2022 Exhibitor Terms and Conditions, PDAC 2022 Online Exhibitor Terms and Conditions and/or PDAC 2022 Terms and Conditions for Convention Attendees, as applicable.

Substitution requests may be made until May 27, 2022 by emailing the PDAC Registration Department at [email protected]

The substitute Registered Participant is required to provide proper documentation (an email from the Registered Participant who paid for the registration), authorizing the transfer. This email should copy the individual to whom the registration will be transferred. If a Registered Participant logs into the Platform, the transfer of that registration cannot be completed.

Any outstanding balance and payment terms for the registration will become the responsibility of the substitute registrant and must be satisfied in full prior to such substitute registrant being granted access to the Online Convention.

The Online Convention is neither directed at nor intended for use by individuals under the age of 16. PDAC does not knowingly collect personal information from individuals under the age of 18, and if PDAC becomes aware that it has inadvertently done so, PDAC will promptly delete such personal information. If you are under the age of 18, do not access or participate in the Online Convention unless under the supervision of, and with the express consent of these Terms and Conditions by, a parent or legal guardian.

Prior to being granted access to the Convention, all applicants under the age of 18 (each, a “Student Attendee”) who registers for the Convention in accordance with this Section 4, will be required to have their parent or legal guardian (the “Guardian”) sign PDAC’s consent form, under which the Guardian consents to (a) PDAC’s collection of certain personal information of the Student Attendee in connection with the Student Attendee’s participation and/or attendance at the online Convention and (b) agrees to be legally bound by these Terms and Conditions for any breach thereof by the Student Attendee.

All students must register for the Online Convention. To qualify for student rates, Registered Participants must provide proof of enrollment in full-time post-secondary studies (i.e. tuition receipt, school transcript, or letter of enrolment). Student Attendees may register for a Student All Access Pass (member or non-member).

Refer to the Fees & Pass Info chart to review pass types & Convention Access information.

(a) Account Management and Registrations

For more information on MeetingPlay, including how your personal information is handled on the Platform, please visit the MeetingPlay website and Privacy Policy and the PDAC Privacy Policy.

PDAC is committed to protecting the privacy of personal information of its members, exhibitors, event attendees and all users of its services.

The information you provide to PDAC, such as your name, address, and other identifying information (collectively, “personal information”) allows PDAC to inform you about events and activities and to notify you of issues, events or special offers which may be of interest to you. By registering for events or courses offered by PDAC, you are giving PDAC permission to contact you by using the personal information you provide. PDAC shall not share your personal information with any third parties without your consent except as otherwise specified herein or as required or permitted by law. Members may choose not to be contacted by PDAC by updating their preferences on the PDAC website by using the "Update Profile" section to customize your communications preferences, or by contacting PDAC Member Services at [email protected]  or 416 362 1969.

PDAC will limit its collection, use, and disclosure of your personal information to what is reasonably required to fulfill the purposes for which it is collected. PDAC collects your personal information for the following primary purposes:

• to identify you and provide you with the services you have requested,
• to communicate with you, including to promote the Platform and the Online Convention,
• to manage PDAC’s business operation, and
• to maintain PDAC’s archives.

PDAC may share aggregated depersonalized information about its members and customers with sponsors, potential sponsors, and other parties to help them better understand PDAC members and their interests. Such aggregate information does not identify you personally and is used to give PDAC demographic data about its members in order to improve the organization and the programs and services we provide. Refer to the PDAC’s Privacy Policy for more information.

(b) Platform Registration and Use

Sharing of the Convention Access is strictly prohibited. Convention Access logins are not to be shared between individuals for the purpose of watching sessions, attending networking events and/or collecting data and analytics. If Convention Access is found to be shared with unregistered individuals, groups, exhibitors, sponsors, or partners, PDAC may terminate this Agreement for cause and may cancel your registration and remove you and any unregistered users from the Online Convention.

The information you provide to the Platform through your registration and Registered Participant Profile completion —such as your name, address, company, email —allows other Registered Participants to interact with you. As you access and use the Platform, there are opportunities to limit the amount of personal information shared with others, although there’s basic information (e.g. your first and last names) that must be completed in order to access many features of the Platform. Note that unique identifiers of your Profile may be used by PDAC, sponsor, and/or exhibiting companies for analytics. Some reports will associate your Profile to sessions and exhibits visited, and some will be anonymous. Refer to the Privacy Policy for more information.

By becoming a Registered Participant and using the Platform, you hereby affirm:

• the information provided at registration and on your Profile is accurate to you, the Registered Participant, and that you are not using someone else’s information. You may not disguise yourself or impersonate another person/Registered Participant or misrepresent your relationship with any persons or entity;
• you are responsible for the content that is posted, sent from, and traceable back to your Profile. Anything posted from your Profile is deemed posted by you, the Registered Participant;
• if you post any content, you confirm you are legally allowed to post it and/or it does not violate this Agreement or any third party intellectual property rights;
• the use of the Content is for non-commercial purposes only;
• you will not take Content from the platform to sell to a third party;
• while the PDAC strives to publish accurate information about the Online Convention and programming, PDAC does not check accuracy of all data uploaded into the Platform. All Registered Participants are responsible for the accuracy of the Content that they upload to or send through the Platform. You hereby waive, acquit, and forever release, and agree to hold harmless, the PDAC, its officer(s), director(s), employee(s), contractor(s), associate(s), and representative(s) from any responsibility or liability whatsoever concerning any information or Content published by you, the PDAC, or any other Registered User, authorized or otherwise, on the Platform;
• by communicating with other Registered Participants or the Organizers on the Platform, you consent to allow them to see your Content, data, and personal information that you have uploaded and allowed others to view on the Platform. You may adjust your preferences and settings to limit the amount of Content, data and personal information being shared by visiting the platform when available or as otherwise indicated at the time of providing or uploading such Content, data or personal information
• by posting, uploading or otherwise submitting Content, including any personal information, on publicly accessible portions of the Platform [as brought to your attention at or before the time you post, upload or otherwise submit the Content], you consent to the disclosure of such Content and acknowledge that the Content may become publicly visible to others, including without limitation other Registered Participants, Exhibitors, and sponsors.
• you will not reproduce, copy, recompile, decompile, disassemble, publish, upload, perform, modify, create derivative works of, display, transmit, or otherwise exploit any Content or data from the Platform that is not authored by you for any purpose without the consent of the Content’s author and/or PDAC;
• you have read and agree to abide by the Platform’s Terms of Use and will use the Platform for its intended purpose. You must not attempt to interfere with the proper working of the Platform and, in particular, you must not attempt to circumvent security, tamper with, hack into, reverse engineer, copy or otherwise disrupt the Platform or any computer system, server, router or any other device associated with the Platform. You must not misuse the Platform by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack the Platform via a denial-of-service attack, a distributed denial-of service attack or otherwise. Attempting to tamper with the Platform in any way risks termination for cause in accordance with the Termination provisions contained herein;
• PDAC does not guarantee that the Platform will operate continuously or without interruptions or that Content available through the Platform will be error-free. PDAC accepts no liability for the loss of any user information or for the failure of any feature or service to operate properly; 
• PDAC reserves the right to remove without notice any Content deemed to have violated this Agreement;
• PDAC is not responsible for the Content or operation of websites or links outside of the Platform. PDAC is not responsible for what happens to your personal information if you visit websites or links outside of the Platform;
• any downloads are done at your own risk and PDAC or Platform assumes no responsibility for any resulting damages. Downloaded Content is to be used for personal, non-commercial uses only. You also understand that we cannot and do not guarantee or promise that any Content on the Platform will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements;
• the use or application of any information or Content acquired from the Online Convention is entirely at the risk of the user. PDAC is not liable for any losses resulting from the information or advice presented in PDAC or user-generated content on the Platform; and
• by engaging with the Platform via signing into the Platform with your username and password, attending sessions, visiting booths, chatting forums, etc., your Profile information that you choose to display and any Content you submit through the Platform may be shared with other Registered Participants.

The responsibility of having the necessary equipment to access the Platform, including reliable internet, is up to you, the Registered Participant. PDAC is not liable for technical difficulties relating to telecommunications beyond the control of the Organizers. Minimum software requirements, if any, will be posted on the PDAC website in advance of the Online Convention.

FOR GREATER CLARITY, PDAC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

• USE OF, OR INABILITY TO USE, THE PLATFORM;
• USE OR MISUSE OF THE CONTENT; OR
• ANY CLAIM MADE AGAINST YOU FOR ACTUAL OR ALLEGED INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

PDAC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR YOUR DOWNLOADING OF ANY OF THE CONTENT.

(c) Use of your data and information on the Platform

• Content uploaded to the Platform will be stored for the length of the Term or such other longer term as required by applicable law or the legitimate archival purposes of PDAC, subject to such information being available. See the MeetingPlay Privacy Policy for details regarding personal information collected through the Platform and PDAC’s Privacy Policy for details regarding PDAC’s collection and use of personal information collected during the Online Convention.
• Analytics are collected from the Platform to improve the experience for Registered Participants, exhibitors, sponsors, partners, and for the Organizers. Ways in which data will be collected are: booth analytics by exhibitors; attendance at sessions; screen time for all aspects of the Online Convention; etc.
• PDAC will collect, use, retain and disclose to third-party providers and contributors information provided by or regarding the Registered Participant and the use of the Platform by the Registered Participant as reasonably required to provide the Platform, to perform PDAC’s obligations and exercise PDAC’s rights under the Agreement, to protect and enforce PDAC’s legal rights and interests or the rights and interests of other persons, and as otherwise permitted by applicable law, including using and disclosing information as PDAC reasonably believes is necessary or appropriate in connection with any claim or dispute, to comply with applicable law (e.g. a subpoena, warrant, court or arbitral order or litigation disclosure obligation), to enforce this Agreement and other agreements, and to detect, investigate or prevent unlawful or fraudulent activities or other misconduct.
• If the Registered Participant gives to PDAC any feedback (including ideas or suggestions for enhancements or improvements) about the Platform or the Convention, PDAC and its licensors and their respective successors, assigns and licensees may use and commercialize the feedback without providing any compensation to the Registered Participant or any other person. For greater certainty, the Registered Participant will not include in feedback to PDAC any information that is confidential or proprietary to the Registered Participant or any other person.

(d) Online Security

PDAC takes online security seriously and all Registered Participants should be vigilant with their data and personal information while interacting with any virtual tool. Your username and password allow access to your unique account and Profile, and should be protected. Do not share your username or password with anyone. You are responsible for all activities originating from your account.

PDAC recommends all Registered Participants to:

• logout of the Platform when you are not in front of your screen and close the browser and lock your office for added security;
• never give out your banking information unless you are using an official secure payment site;
• take measures to ensure only you make changes to your Profile and that only you use it; and
• notify PDAC if you become aware of any suspicious, illegal, unauthorized, etc. activity or breach of security of your Profile.

PDAC endeavors to protect the privacy of your account and other personal information we hold in our records through appropriate technical and organizational measures based on industry accepted security standards, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. PDAC cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements and recommendations. You will be responsible and liable for all activities through your Platform account, whether authorized or unauthorized.

When entering a virtual session as a part of the Online Convention on the Platform, the Registered Participant hereby consents to the photography, videography, and voice recording of the Registered Participant at the event by PDAC. Private video or chat meetings conducted through the Platform are not automatically recorded by the Platform.

As a Registered Participant, you hereby authorize PDAC, its staff, representatives and suppliers to use, edit, reproduce, publish, transmit or distribute photographs, video footage and audio recordings of yourself captured/recorded during the Online Convention, in any and all publications, technological platforms or media of any kind whatsoever, including any social media or other media that may exist in the future. You, furthermore, agree to give this consent without expectation of payment, nor is there any time limit or geographic limitation as to where the above material may be released. YOU HEREBY WAIVE ALL MORAL AND PERSONALITY RIGHTS IN CONNECTION WITH THE AFORESAID PHOTOGRAPHS AND RECORDINGS AND FURTHER WAIVE ANY RECOURSE, CLAIM, ACTION AND DAMAGES OF ANY KIND WHATSOEVER AGAINST PDAC, ITS SUCCESSORS AND ASSIGNS, AND WHERE APPLICABLE, ITS EMPLOYEES, MANAGEMENT AND AUTHORIZED REPRESENTATIVES, ARISING FROM OR INCURRED AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY, AN ACT COVERED BY THE SCOPE OF THIS AGREEMENT.

The PDAC strongly advises that all Registered Participants seek the verbal or written approval of anyone they interact with to video/audio record or take screenshots/photographs of them and must receive the consent of the PDAC before using those recordings/photographs. The PDAC is not responsible for video/audio recordings conducted outside of the Online Convention programming and/or Platform unless specifically noted. Any other use, broadcast or transmission of the Platform or Online Convention or any pictures, descriptions, or content provided therein without the PDAC’s consent is expressly prohibited.

1. Registered Participants

   THE REGISTERED PARTICIPANT HEREBY AGREES AND ACKNOWLEDGES THAT THEY ARE PARTICIPATING IN THE CONVENTION AND RELATED ACTIVITIES ON THEIR OWN FREE WILL AND ACCORD. THE REGISTERED PARTICIPANT REPRESENTS AND WARRANTS TO PDAC THAT THE REGISTERED PARTICIPANT IS PHYSICALLY AND MENTALLY FIT AND THAT, AS A RESULT, ABLE TO PARTICIPATE IN THE ONLINE CONVENTION AND RELATED ACTIVITIES, AND THE REGISTERED PARTICIPANT DOES HEREBY ASSUME RESPONSIBILITY FOR THEIR OWN WELL-BEING AND USE OF THE PLATFORM AT THE ONLINE CONVENTION AND RELATED ACTIVITIES.

2. Disclaimer, Release and Waiver of Claims and Limitation of Liability

THE OPINIONS EXPRESSED IN THE CONVENTION PRESENTATIONS ARE SOLELY THOSE OF THE PRESENTERS AND NOT NECESSARILY THOSE OF PDAC, ITS MEMBERS, DIRECTORS, BOARD AND/OR STAFF. PDAC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION PROVIDED AT THE ONLINE CONVENTION.

REGISTERED PARTICIPANT IS SOLELY RESPONSIBLE AND LIABLE FOR ALL OF REGISTERED PARTICIPANT’S INTERACTIONS AND DEALINGS WITH OTHER REGISTERED PARTICIPANTS AND PLATFORM USERS AND THE REGISTERED PARTICIPANT AGREES THAT IT DEALS WITH OTHER REGISTERED PARTICIPANTS AND PLATFORM USERS AT THE REGISTERED PARTICIPANT’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PDAC IS NOT RESPONSIBLE OR LIABLE TO THE REGISTERED PARTICIPANT OR ANY OTHER PERSON FOR ANY ACT OR OMISSION BY OR ON BEHALF OF ANY REGISTERED PARTICIPANT OR OTHER USER OF THE PLATFORM, INCLUDING ANY REGISTERED PARTICIPANT OR PLATFORM USER’S PERFORMANCE OR NON‑PERFORMANCE OF THEIR OBLIGATIONS UNDER ANY OF THE TERMS AND CONDITIONS THAT GOVERN USE OF THE PLATFORM OR OTHER SERVICES PROVIDED BY PDAC. PDAC DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER REGARDING ANY PLATFORM USER OR REGISTERED PARTICIPANT.

REGISTERED PARTICIPANT ACKNOWLEDGES THAT THE PLATFORM MIGHT BE AFFECTED BY CIRCUMSTANCES BEYOND PDAC’S CONTROL, MIGHT NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE, AND ARE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. EXCEPT AS SET OUT IN THIS AGREEMENT, PDAC HAS NOT MADE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS OF THE PLATFORM AND/OR ONLINE CONVENTION FOR A PARTICULAR PURPOSE. PDAC MAKES NO REPRESENTATION THAT THE OPERATION OF THE PLATFORM OR THE ONLINE CONVENTION WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDES NO ASSURANCES THAT REGISTERED PARTICIPANT WILL ACHIEVE ANY SPECIFIC RESULTS FROM THE USE OF THE PLATFORM OR THE CONVENTION. PDAC IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, FAILURES OR ANY DAMAGE, LOSS OR LIABILITY RESULTING FROM ANY SUCH DELAYS, LIMITATIONS OR PROBLEMS. REGISTERED PARTICIPANT ACKNOWLEDGES THAT SECURITY MEASURES USED BY PDAC MIGHT NOT PROTECT THE PLATFORM, THE PDAC WEBSITE OR REGISTERED PARTICIPANT’S ACCOUNT OR THE SECURITY, INTEGRITY OR CONFIDENTIALITY OF DATA STORED IN THE PLATFORM OR THE PDAC WEBSITE. PDAC IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR USE, ALTERATION, THEFT OR DESTRUCTION OF, THE PLATFORM OR THE PDAC WEBSITE OR ANY RELATED DATA, WHETHER THROUGH ACCIDENT, FRAUDULENT MEANS OR ANY OTHER METHOD.

PDAC IS NOT REQUIRED TO VERIFY THE ACTUAL IDENTITY OR AUTHORITY OF REGISTERED PARTICIPANTS, AND PDAC MAY ACT ON ANY INFORMATION, INSTRUCTION OR DOCUMENT GIVEN THROUGH REGISTERED PARTICIPANT’S ACCOUNT, PROVIDED, HOWEVER, THAT PDAC RESERVES THE RIGHT TO SUSPEND OR TERMINATE ANY REGISTERED PARTICIPANT’S ACCOUNT IN THE EVENT IT BECOMES AWARE OR SUSPECTS THAT THAT THE REGISTERED PARTICIPANT IS UTILIZING ITS ACCOUNT TO MISREPRESENT THEMSELVES OR THEIR PRODUCTS OR SERVICES, OR TO ENGAGE IN MALFEASANCE CONTRARY TO THIS AGREEMENT.

IN CONSIDERATION OF THE RIGHT TO PARTICIPATE IN THIS CONVENTION AND RELATED ACTIVITIES, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE REGISTERED PARTICIPANT HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS OR CLAIMS THEY MAY HAVE AS A RESULT OF THEIR PARTICIPATION IN THE ONLINE CONVENTION AGAINST PDAC, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, STAFF, AND ALL INDIVIDUALS ASSISTING IN INSTRUCTING, SPONSORING AND CONDUCTING PDAC ONLINE CONVENTION ACTIVITIES, AND THE REGISTERED PARTICIPANT HEREBY FULLY RELEASES AND DISCHARGES THEM FROM ANY AND ALL CLAIMS RESULTING FROM INJURIES, INCLUDING DEATH, DAMAGES OR LOSS, WHICH MAY ACCRUE TO THEM OR THEIR HEIRS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE REGISTERED PARTICIPANT’S PARTICIPATION IN THE ONLINE CONVENTION AND RELATED ACTIVITIES. THE REGISTERED PARTICIPANT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS PDAC, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, STAFF, AND ALL INDIVIDUALS ASSISTING IN INSTRUCTING, SPONSORING AND CONDUCTING ONLINE CONVENTION ACTIVITIES FROM ANY AND ALL CLAIMS RESULTING FROM INJURIES, INCLUDING DEATH, DAMAGES OR LOSS, WHICH MAY ACCRUE TO THEM OR THEIR HEIRS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE REGISTERED PARTICIPANT’S PARTICIPATION IN THIS CONVENTION AND RELATED ACTIVITIES. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THE FOREGOING WAIVER IS HELD UNENFORCEABLE OR INAPPLICABLE AT LAW OR EQUITY, IN NO EVENT SHALL PDAC: (A) BE LIABLE TO THE ATTENDEE FOR ANY INDIRECT, SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES AND (B) BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (I) ALL FEES PAID BY THE ATTENDEE TO PDAC; AND (II) CDN$1,000.

3. Indemnity

THE REGISTERED PARTICIPANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS PDAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION AND COSTS, CONSEQUENTIAL, INDIRECT, PUNITIVE SPECIAL OR OTHERWISE, INCLUDING LEGAL FEES FOR DAMAGES OF ANY KIND WHATSOEVER (“CLAIMS”), INCLUDING WITHOUT LIMITATION, ANY CLAIMS ARISING OUT OF, RELATED TO OR IN CONNECTION WITH (A) ANY DAMAGES TO PROPERTY AND INJURY OR DEATH TO PERSONS, CAUSED BY, ARISING FROM OR CONNECTED WITH THE REGISTERED PARTICIPANT’S USE OF THE PLATFORM OR PARTICIPATION IN THE CONVENTION OR ANY ACT OR OMISSION ON THE PART OF THE REGISTERED PARTICIPANT, ITS EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR INVITEES WHICH MAY CAUSE OR RESULT IN ANY SUCH DAMAGE, INJURY OR DEATH TO ANY PROPERTY OR PERSONS AT THE CONVENTION OR ON THE PLATFORM; (B) ANY VIOLATION BY THE REGISTERED PARTICIPANT OR ITS REPRESENTATIVES OF APPLICABLE LAWS AND REGULATIONS; (C) ANY INFRINGEMENT BY THE REGISTERED PARTICIPANT OF ANY OF PDAC, PLATFORM OR THIRD-PARTY’S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS; (D) ANY UNAUTHORIZED ACCESS TO, BREACH OF, OR RELEASE OF ANOTHER REGISTERED PARTICIPANT’S DATA OR PERSONAL INFORMATION, OR ANY OTHER HARM ASSOCIATED WITH SUCH BREACH OF PERSONAL INFORMATION OR INFORMATIONAL SECURITY ON THE PLATFORM; AND (E) ANY OTHER MATTER FOR WHICH THE REGISTERED PARTICIPANT HAS AGREED TO INDEMNIFY PDAC PURSUANT TO THIS AGREEMENT. 

The Registered Participant shall not use PDAC’s, or its third party service providers’, names, logos, watermarks, and other intellectual property without PDAC’s written permission. For written permission to use such names and logos, contact PDAC Member Services at [email protected]

PDAC is committed to providing a positive experience for all participants, and expects attendees to show respect and courtesy toward one another at all official PDAC Online Convention events. At all times during the Online Convention the Registered Participant shall conduct themselves in a professional and appropriate manner and shall comply with all applicable laws, as well as all policies and rules of PDAC and the Platform. The Registered Participant shall refrain from any action that will cause disruption to the event or Platform or interfere with attendee participation at the Online Convention.

PDAC is not responsible for unofficial convention events such as spinoff/satellite events and websites hosted by organizations other than PDAC. The Registered Participant fully assumes the risk of loss, damages, injury or death that may arise upon attending ay such third party spinoff/satellite events and websites.

The Registered Participant acknowledges that PDAC operates the Convention (including the Online Convention) with the aim of creating an event-space that fosters information-sharing, dialogue and collaboration across the mineral exploration and development industry and with partners and stakeholder groups in a safe, open, non-threatening and non-violent environment and atmosphere (the “Character of the Convention”). In order to cultivate and maintain the Character of the Convention, PDAC reserves the right to take such action as it deems necessary, reasonable and/or in the best interest of the Convention to preserve the Character of the Convention, including, without limitation:

1. the right to determine the eligibility of any company, product or service to attend and/or be displayed or exhibited at the Convention; and
2. the right to restrict, limit, prohibit or evict any exhibitor, Registered Participant, representative, attendee, sponsor, person(s), product, exhibit, demonstration or activity which:

1. detracts from or disrupts the Character of the Convention;
2. causes any nuisance, disruption, barrier or distraction to the Convention and its Attendees, exhibitors and sponsors; or
3. violates this Agreement and/or the 2022 PDAC Conference Sponsorship Terms, PDAC 2022 Exhibitor Terms and Conditions, PDAC 2022 Online Exhibitor Terms and Conditions and/or PDAC 2022 Terms and Conditions for Convention Attendees, as applicable.

In the event PDAC takes any of the above actions with the intent of preserving the Character of the Convention, PDAC shall not be liable to the Registered Participant or any Exhibitor (including its representatives, if applicable) for any exhibitor, membership, sponsorship, attendee or other fees, expenses or costs whatsoever incurred by the Registered Participant or any exhibitor (including its representatives, if applicable).

Violation of the Agreement may result in PDAC removing the Registered Participant from the Convention (including the Online Convention) without any recourse by the Registered Participant to PDAC for any fees, costs and expenses. PDAC may further disqualify the Registered Participant from attending or participating in any future conventions and events hosted by PDAC.

10 (a). Violation of Human Rights

PDAC supports and abides by the principles articulated in the Canadian Human Rights Act and the Ontario Human Rights Code. We do not tolerate discriminatory treatment in any form. Examples of discriminatory treatment may include inappropriate use of language, denial of a benefit based on any enumerated ground and/or any other conduct that in any way differentiates or distinguishes attendees on the basis of any enumerated ground.

Harassment is a form of discrimination. It includes any unwanted physical or verbal behaviour that offends or humiliates you, which can occur when someone:

• makes unwelcome remarks or jokes about your race, religion, sex, age, disability or any other of the grounds of discrimination;
• threatens or intimidates you because of your race, religion, sex, age, disability or any other of the grounds of discrimination; and/or
• makes unwelcome physical contact with you, such as touching, patting, or pinching, or other unwanted physical gestures towards you.

If a Registered Participant engages in harassing behaviour, the convention organizers may take any action they deem appropriate, including warning the offender or expulsion from the convention with no refund.

10 (b). Criminal Behaviour

Registered Participants shall not engage in any conduct that violates the Criminal Code of Canada, nor any other federal or provincial laws that apply in the circumstances. Such conduct may include, but is not limited to harassment, assault, sexual assault, or the improper use of controlled substances. PDAC shall immediately notify and cooperate with local authorities in the event it becomes aware of any criminal conduct at the Convention or on the Platform.

10 (c). Consequences of Unacceptable Behaviour

Unacceptable behaviour will not be tolerated. Anyone asked to stop unacceptable behaviour is expected to comply immediately. If a Registered Participant engages in unacceptable behaviour, PDAC may take any action it deems appropriate, including warning or expelling the Registered Participant from the Convention and the Platform with no refund or notifying local authorities. PDAC may, in its reasonable discretion, temporarily ban or permanently expel a Registered Participant from the Convention.

If you are being harassed or subject to improper behaviour or comments, notice that someone else is being harassed or subject to improper behaviour or comments, or have any other concerns, please report the incident online at www.pdac.ca/convention/attendee‐info/code‐of‐conduct.

10(d) Other Unacceptable Behavior While Using the Platform During the Term

Registered Participants shall not engage in other unacceptable behaviour such as, but not limited to:

• Threats – implied or explicit - of any nature to the Organizers;
• Unprofessional, disrespectful, or uncooperative behaviour;
• Use of crude, offensive, vulgar, hateful and/or derogatory language or behaviour, and/or personal attacks, in any Form of Communication;
• Use of intimidation of bullying, in any Form of Communication;
• Stalking, following, or making someone feel uncomfortable, in any Form of Communication;
• Disruptions during presentations, events, or programming, in any Form of Communication, including but not limited to off-topic communications and protests;
• Interfering with other Registered Participants’ use of the Platform;
• Displaying nudity or sexual images, in any Form of Communication;
• Spamming or sending unsolicited communications for self-promotion or self-interest, in any Form of Communication;
• Tampering with the Platform technology in any way;
• Use of the Platform for any illegal purposes;
• Sharing individual Platform access with unauthorized and/or unregistered individuals or groups;
• Plagiarism or intellectual property infringement;
• Decompiling or reverse engineering any PDAC, exhibitor, or Platform products or services;
• Soliciting business or self-promotion in any Form of Communication when it is not the intended purpose of the Form of Communication or programming;
• Taking screen shots and/or audio or video recordings of people or presentations within the Platform without the person or people’s explicit verbal or written consent; and
• Distributing, reproducing, selling, publishing, or transmitting in any way Content from the Platform without the approval of the author and/or PDAC.

All Content distributed by a Registered Participant who is also an Exhibitor must be confined to the Exhibitor’s exhibit booth. Any promotional materials distributed outside of the Exhibitor’s booth, in public forums, networking spaces, chat, etc., will be removed immediately. Registered participants are prohibited from soliciting in presentations or in another exhibitor’s booth. PDAC has the right to restrict or expel any Registered Participant that, in the opinion of PDAC, is a disturbance to presentations or other exhibitors including soliciting, distribution of promotional materials, personal conduct, and methods of operation. Please see the PDAC 2022 Online Exhibitor Terms and Conditions for more details.

10 (e). Reporting

If you witness, or are subject to, unacceptable behavior on the Convention Platform, or have any other general safety concerns, please report the incident to PDAC directly using our secure website or dedicated hotline. Visit www.pdac.ca/convention/attendee‐info/code‐of‐conduct to report an incident.

10(f) Dress Code

We encourage the following dress code with the understanding that Registered Participants may be on camera during the course of Convention. All Registered Participants are encouraged to wear comfortable yet appropriate attire for the situation, whether for education, business, meeting, or social functions. Recommended attire is business or business casual. Registered Participants may contact PDAC for clarification on the appropriate dress code, if necessary.

PDAC reserves the right to modify these Terms and Conditions at any time without notice or liability by posting a revised document on the PDAC website located at www.pdac.ca/convention. Any change shall take effect immediately, unless otherwise provided. PDAC shall utilize commercially reasonable efforts to notify you of such change. Your access of Platform and the Online Convention at the Convention shall be deemed consent to any new or amended terms implemented. Modifications may be made to the Platform at any point during the Term. You are deemed to agree with the changes should you continue to use the Platform. If you are not in agreement, you must terminate your use of the Platform.

The Organizers put Content quality and delivery as a top priority and from time to time, Content and subsequent experiences through the Platform may be modified due to circumstances out of their control and/or to preserve the integrity of the quality and delivery of the Content or to uphold the Character of the Convention. The Organizers will utilize commercially reasonable efforts to notify Registered Participants of any modifications to the Platform content or delivery in a timely fashion.

PDAC RESERVES THE RIGHT TO CHANGE THE DATES AND TIMES, AND TERM OF THE CONVENTION AT ANY TIME, AND SHALL NOT BE LIABLE FOR DAMAGES OR LOSS TO THE REGISTERED PARTICIPANT BY REASON OF ANY SUCH CHANGE.

(a) Convenience Termination by PDAC:  PDAC may terminate the Agreement for PDAC’s sole convenience effective immediately on written notice of termination to the Registered Participant. In the event PDAC terminates the Agreement in reliance upon this Section 12(a), PDAC shall refund the Registered Participant its Registration Fees for the Convention (with the exception of any Membership fees).

(b) Termination by PDAC For Cause:  PDAC may immediately terminate the Agreement by providing notice to the Registered Participant in the event the Registered Participant breaches any material term of this Agreement, including any conduct granting PDAC the right to remove the Registered Participant from the Convention and the Platform. In the event PDAC terminates the Agreement for cause in accordance with this Section 12:

• the Registered Participant will immediately pay all amounts due and owing to PDAC under these Terms & Conditions;
• the Registered Participant forfeits to PDAC any right to reimbursement for any costs, fees, or expenses, including any Registration Fees, applicable to the Registered Participant’s participation and attendance in the Convention; and
• each party will remain responsible and liable for all of the party’s obligations and liabilities arising prior to the termination of the Agreement by PDAC for cause.

(c) Force Majeure: In the event that the Convention is cancelled or postponed for any reason beyond PDAC’s control (such as, but not limited to, inadequate internet availability, act of war, Acts of God, restrictive government regulations, riots, disasters, strikes, curtailment of transportation facilities, insurrections, war, terrorist activities, quarantine restrictions, or public health emergencies of national or international concern, including without limitation the Covid-19 Pandemic), PDAC will provide written notice to the Registered Participant of such cancellation or postponement and will refund to the Registered Participant the Registration Fees, and any ‘Short Course’ fees paid by the Registered Participant, in full (membership fees are not refundable).

(d) Covid-19 Convention Alterations: The Registered Participant acknowledges that the Convention is anticipated to take place when Covid-19 Measures may be in effect or may be enacted by governmental authorities to combat the Covid-19 novel coronavirus pandemic (the “Covid-19 Pandemic”). “Covid-19 Measures” means any quarantine, “shelter in place,” “stay at home,” workforce reduction, social distancing, “personal protective equipment,” shut down, closure, sequester, “return to work,” “reopening,” safety or similar law, regulation, policy, rule or order promulgated by any governmental entity, in each case, in connection with or in response to the COVID-19 Pandemic, solely to the extent that such COVID-19 Measures are binding upon PDAC, the Convention, and its Registered Participants.  The Registered Participant acknowledges that the implementation of any existing or future Covid-19 Measures during the course of the Covid-19 Pandemic may require PDAC to make extraordinary changes to comply with any such Covid-19 Measures, on short notice, which may disrupt the ordinary course operations, expectations or planning of the Convention, including vaccination, health screening and attendance limits. The Registered Participant acknowledges that in the event that Covid-19 Measures restrict the ordinary course operations of the Online Convention, the Registered Participant will cooperate in good faith and to abide by such Covid-19 Measures to ensure that the Convention proceeds to the extent permitted (if at all) by the Covid-19 Measures. PDAC reserves the right move the Convention to alternate dates and/or locations or Platforms, modify the Convention layout, move the Convention to a fully digital or fully in-person format, or suspend/postpone the Convention in its entirety in order to account for and comply with any COVID-19 Measures in effect.

Notwithstanding any other provision of this Agreement, the Registered Participant’s payment and indemnity obligations and each of Sections 2, 5, 6, 7, 8, 15 and all other provisions that are intended by their terms to survive, including those necessary for the interpretation or enforcement of those sections, will survive indefinitely after the expiration or termination of this Agreement and will remain in full force and effect and be binding on the parties.

Convention is governed by laws of Canada and the Province of Ontario, and if any legal disputes arise over the use of the Platform or participation in the Convention, these laws shall apply, excluding any rules of the conflict of laws that would lead to the application of the laws of any other jurisdiction. If you access the Platform from outside of Canada, you are responsible for compliance with foreign and local laws.

(a) Governing Law:  This Agreement will be governed by, and construed in accordance with, the laws of the Province of Ontario, and the federal laws of Canada applicable therein, excluding any rules of the conflict of laws that would lead to the application of the laws of any other jurisdiction.

(b) Disputes Between The Parties: In the event of any dispute, claim, question or difference between or among any parties hereto relating to any matter, covenant, commitment or agreement provided for in this Agreement or arising between the parties relating to the Agreement which the parties are unable to resolve by discussion and negotiation, any party may by written notice (an “Arbitration Notice”) to the other parties, require same to be settled by arbitration pursuant to and in accordance with the following provisions:

• the arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the parties involved who is qualified by education and training to pass upon the particular matter to be decided, or in the event of failure to agree within 10 business days from the giving of the Arbitration Notice, any party involved may apply to a Judge of the Ontario Superior Court of Justice to appoint an arbitrator;
• the arbitrator shall be instructed that time is of the essence in proceeding with their determination of any dispute, claim, question or difference and, in any event, the arbitration award must be rendered within 30 days of the submission of such dispute to arbitration;
• the arbitration shall take place in Toronto, Ontario;
• in its arbitration award, the arbitrator may award any remedy for any breach of these Terms & Conditions that might have been awarded by the Ontario Superior Court of Justice except where the remedy for such breach has been expressly limited by this Agreement;
• the arbitration award shall be given in writing, and shall be final and binding on the parties and not subject to any appeal on a matter of law, a matter of fact, or a matter of mixed fact and law;
• the arbitration award shall deal with the question of costs of arbitration and all matters related thereto;
• judgment upon the award rendered may be entered in any court of competent jurisdiction, or, application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be;
• ·nothing herein will prevent the party who gave the Arbitration Notice from applying for injunctive relief pending such arbitration proceeding;
• any arbitration hereunder shall be conducted in accordance with the provisions of the Arbitration Act, 1991 (Ontario) (as it may be amended or re-enacted from time to time) except as varied or excluded by the provisions of this Section 16(b); and
• The parties will commence legal proceedings regarding a dispute within six (6) months after the dispute arises, after which time any and all legal proceedings by the Attendee regarding the dispute will be forever barred. Any shorter time limit provided by law remains unaffected.

(c) Assignment: the Registered Participant will not transfer or assign this Agreement or any of Registered Participant’s rights, obligations or liabilities under this Agreement without PDAC’s express prior written consent, and any attempt to do so will be null and void and will have no force or effect. PDAC may assign this Agreement without Registered Participant’s consent. This Agreement is binding on and will enure to the benefit of each party and each party’s successors and permitted assigns.

(d) Severability: If a provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance of this Agreement would fail in their essential purpose. Except as expressly set out in this Agreement, each party’s rights and remedies under this Agreement are cumulative and not exhaustive or exclusive of any other rights or remedies to which the party may be entitled under this Agreement or at law, and each party may pursue any and all of the party’s rights and remedies concurrently, consecutively and alternatively. No consent or waiver by a party to or of any breach of this Agreement by the other party will be effective unless in writing and signed by both parties, or deemed or construed to be a consent to or waiver of a continuing breach or any other breach of this Agreement by the other party. Each party will, on reasonable request by the other party, execute any further documents and do any further acts or things that may be necessary to implement and carry out the intent of this Agreement. The parties have expressly requested and required that this Agreement and all related documents be in the English language. All communications, notices and documentation provided under this Agreement will be in the English language only.

(e) Complete Agreement: This Agreement and the PDAC 2022 Sponsorship Terms, PDAC 2022 Exhibitor Terms and Conditions,  PDAC 2022 Online Exhibitor Terms and Conditions and/or PDAC 2022 Terms and Conditions for Convention Attendance, as applicable, and any other documents incorporated herein by reference, set out the entire agreement between the parties regarding the subject matter hereof, and supersede all previous communications, representations, negotiations, discussions, agreements or understandings, whether oral or written, between the parties regarding the subject matter of this Agreement.

(f) Relationship of Parties: Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent or employee of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

Questions regarding this Agreement?

Contact Nicole Sampson, Director, Convention at [email protected] or +1 416 362 1969 x 226

For general Registration enquiries, contact [email protected] or +1 647 362 8442 or 1 866 939 6468

For general Convention enquiries, contact [email protected] or +1 416 362 1969, ext. 234

For general Membership enquiries, contact [email protected] or +1 416 362 1969