Legal Notice and disclaimer

Terms of Use

This website is owned and operated by Cygnus Metals Limted (“Cygnus” or the “Company”). By accessing or using this website, you acknowledge that you have read and agree to the following terms and conditions. If you do not agree to abide by these terms and conditions, please refrain from using this website.

Cygnus reserves the right to modify this Legal Notice and Disclaimer at any time without prior written notice by posting such modifications on the website. Although the Company intends for the information to be correct, Cygnus does not represent or guarantee the accuracy, adequacy or completeness of any of the information, its suitability for any particular purpose or that the website is free from computer viruses.  Users should not rely on information on this website for any purpose other than for gaining general knowledge of Cygnus. 

Conditions of Use

Except as may be expressly authorized by Cygnus, any reproduction, modification or distribution of the website materials or content, in whole or in part, is strictly prohibited.

Compliance with Laws

In addition to complying with this Legal Notice and Disclaimer, you agree to use the website for lawful purposes only and in a manner consistent with local, national or international laws and regulations.

Third Party Links

This website may contain links to third party websites that are not created, maintained, owned or controlled by Cygnus. The Company has no control over, and assumes no responsibility for, the information, data, opinions, advice, statements, content, privacy policies, or practices of any third-party websites. The inclusion of a link to a third-party website is being provided for the convenience of the users of this website and does not imply affiliation or endorsement of the website by Cygnus. Cygnus disclaims all liability with respect to third party websites. Be aware that in linking or going to these outside websites, you are leaving the Cygnus website and that Cygnus is not responsible for any other site or its content.

Intellectual Property and Proprietary Rights

This website is owned, operated by and is the property of Cygnus. All materials provided on the website, including without limitation any and all content, data, files, text, graphics, icons, site design, company names, trademarks, and logos are and will remain the sole property of the Company. Any unauthorized use or any reproduction, modification or distribution of materials is strictly prohibited. All information contained on the website is protected under the copyright laws of Canada and in other countries. 

Cautionary Note Regarding Forward-Looking Statements

This website includes certain “forward-looking statements”. Forward-looking statements include predictions, projections and forecasts and are often, but not always, identified by the use of words such as “seek”, “anticipate”, “believe”, “plan”, “estimate”, “forecast”, “expect”, “potential”, “project”, “target”, “schedule”, “budget” and “intend” and statements that an event or result “may”, “will”, “should”, “could” or “might” occur or be achieved and other similar expressions and includes the negatives thereof. All statements other than statements of historical fact included in this website, including, without limitation, statements regarding the timing and ability of the Company to receive necessary regulatory approvals, and the plans, operations and prospects of the Company and its properties are forward-looking statements.

Forward-looking statements are necessarily based upon a number of estimates and assumptions that, while considered reasonable, are subject to known and unknown risks, uncertainties and other factors which may cause actual results and future events to differ materially from those expressed or implied by such forward-looking statements. Such factors include, but are not limited to, actual exploration results, changes in project parameters as plans continue to be refined, future metal prices, availability of capital and financing on acceptable terms, general economic, market or business conditions, uninsured risks, regulatory changes, delays or inability to receive required regulatory approvals, health emergencies, pandemics and other exploration or other risks detailed herein and from time to time in the filings made by the Company with securities regulators.

Although the Company has attempted to identify important factors that could cause actual actions, events or results to differ from those described in forward-looking statements, there may be other factors that cause such actions, events or results to differ materially from those anticipated.

There can be no assurance that such statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. Accordingly, readers should not place undue reliance on forward-looking statements. The Company disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by law. The forward-looking statements contained within the website are expressly qualified in their entirety by this cautionary note.

Cautionary Note to United States Investors 

Cygnus prepares its disclosure in accordance with the requirements of securities laws in effect in Australia, which differ from the requirements of U.S. securities laws. Terms relating to Mineral Resources on this website are defined in accordance with the 2012 Edition of the Australian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves (“JORC Code”) and NI 43-101 under the guidelines set out in CIM Definition Standards on Mineral Resources and Mineral Reserves, adopted by the Canadian Institute of Mining, Metallurgy and Petroleum Council on May 19, 2014, as amended (“CIM Standards”). The U.S. Securities and Exchange Commission (the “SEC”) has adopted amendments effective February 25, 2019 (the “SEC Modernization Rules”) to its disclosure rules to modernize the mineral property disclosure requirements for issuers whose securities are registered with the SEC under the U.S. Securities Exchange Act of 1934. As a result of the adoption of the SEC Modernization Rules, the SEC will now recognize estimates of “Measured Mineral Resources”, “Indicated Mineral Resources” and “Inferred Mineral Resources”, which are defined in substantially similar terms to the corresponding CIM Standards. In addition, the SEC has amended its definitions of “Proven Mineral Reserves” and “Probable Mineral Reserves” to be substantially similar to the corresponding CIM Standards. 

U.S. investors are cautioned that while the foregoing terms are “substantially similar” to corresponding definitions under the CIM Standards, there are differences in the definitions under the SEC Modernization Rules and the CIM Standards. Accordingly, there is no assurance any Mineral Resources that Cygnus may report as “Measured Mineral Resources”, “Indicated Mineral Resources” and “Inferred Mineral Resources” under NI 43-101 would be the same had Cygnus prepared the resource estimates under the standards adopted under the SEC Modernization Rules.

Disclaimer of Warranties

The information and materials contained in this website are provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Cygnus be liable for any damages whatsoever (including, without limitation, damages due to loss of profits or business interruption) or due to the use of or inability to use the materials.

Information on this website is not intended to be a comprehensive review of all matters and developments concerning Cygnus, and Cygnus makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.

Limitations of Liability

Under no circumstances shall Cygnus, or any of its affiliates, directors, officers, employees, consultants or contributors, be liable for any damages of any kind, including without limitation, direct or indirect, incidental, special, or consequential damages, losses or expenses arising out of or in any way connected with the use of, or inability to use, the website. This limitation applies even if the Company, or any of its affiliates, directors, officers, employees, consultants, or contributors have been advised of the possibility of such damages, losses or expenses.

Indemnification

You hereby agree at all times to defend, indemnify and hold harmless each of Cygnus, its affiliates and their respective employees, contractors, consultants, officers and directors from all liabilities, claims, damages, demands, losses or expenses (including all legal and accounting fees) alleging or resulting from your illegal use of the website and its content or your breach of the Terms of Use.

Governing Law and Jurisdiction

These terms and conditions are governed by the laws of the State of Western Australia, including applicable laws of the Commonwealth of Australia. The courts of the State of Western Australia will have non-exclusive jurisdiction to hear and decide any dispute relating to these terms and conditions. 

Not Responsible for Internet or Software or Computer Viruses

Due to technical difficulties inherent on the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from the website. Cygnus shall not be liable for Internet software, computer viruses or destructive programs and recommends that you install appropriate anti-virus or other protective software.

Website is Provided as a Service Only

The content presented on this website is not intended as a solicitation or offering of securities in any jurisdiction and the information contained herein in no way should be construed or interpreted as such. No securities commission or other regulatory authority in Australia, Canada, United States of America or any other country or jurisdiction has in any way passed upon this information and no representation or warranty is made by Cygnus to that effect. The information on this website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to Cygnus and should not be used for the purpose of making investment decisions concerning Cygnus securities.

Privacy Statement

Cygnus does not collect any personal information about visitors to this website other than that which is specifically and knowingly provided by you. That personal information will not be transferred to any third party unless (i) otherwise stated at the time of collection, (ii) required by law, or (iii) in connection with any merger, amalgamation, plan of arrangement, sale of a significant portion of the Company’s assets or other similar corporate transaction of the Company. The Company collects and maintains statistics relating to the number of visits to the website, the types of browsers used and the Internet Protocol Address of the originator for internal purposes only.

Use of Technology on the Website 

The website uses cookie technology to make your use of the website more convenient. 

What Are Cookies?

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Most major websites use cookies. Because the browser provides this cookie information to the website at each visit, cookies serve as a sort of label that allows a website to recognize a browser when it returns to the site. The domain name in Cygnus cookies will clearly identify their affiliation with Cygnus and, where applicable, its third-party service provider.

What Are Tracking Pixels?

Tracking pixels (also known as web beacons) are used in combination with cookies to help website operators understand how visitors interact with their websites. A tracking pixel is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site. The use of a tracking pixel allows the site to measure the actions of the visitor opening the page that contains the tracking pixel. It makes it easer to follow and record the activities of a recognized browser, such as the path of pages visited at a website.

How We Use Cookies and Tracking Pixels?

Cygnus’s website uses cookies to help Cygnus identify and track visitors, their usage of Cygnus website, and their website access preferences across multiple requests and visits to Cygnus’s website. The website, and advertisements that Cygnus may run occasionally on third-party advertising networks, also may use tracking pixels for these purposes. The basic idea is to gather aggregate data about how people use the Cygnus website. The term usually used to describe this is web analytics and the cookies and tracking pixels are the tools by which a website owner collects this web analytics data.

Cygnus will use the web analytics data only to determine aggregate usage patterns for our website as described above. The Cygnus website does this by using either its own internal analytics software or by sending this information to a third-party service provider to help Cygnus analyze this data. Cygnus has agreements with its third-party service providers that they will not share this information with others or use the information for purposes other than to maintain the services they provide to Cygnus. It is possible to link cookies and tracking pixels to personally-identifying information, thereby permitting website operators, including our third-party analytics providers, to track the online movements of particular individuals. Cygnus does not do so and its third-party service providers are not allowed to correlate Cygnus data with any other data.

Cygnus uses the information provided by cookies and tracking pixels to develop a better understanding of how Cygnus’s visitors use Cygnus’s website, and to facilitate those visitors’ interactions with Cygnus’s website. Cygnus may make the aggregate data obtained from web analytics (including from our third-party analytics providers, if applicable) publicly available. If this data is made available, none of the information will be personally-identifying information or potentially-personally-identifying information.

How to Control the Use of Cookies?

You have the ability to accept or decline cookies. Cygnus’s visitors who do not wish to have cookies placed on their computers by Cygnus, its contractors, or third-party service providers should set their browsers to refuse cookies before linking to the Cygnus website. Certain features of the Cygnus website may not function properly without the aid of cookies.

Termination

Cygnus reserves the right, in its sole discretion, to terminate your access to all or part of the website, with or without notice, for any reason or no reason, including without limitation your violation of the Terms of Use.

If you have any questions about this Legal Notice and Disclaimer, please contact [email protected].