Terms Of Use

By using this website, you agree to the terms and conditions contained in these legal notices and in the Privacy Policy (below). Please read these terms carefully. We reserve the right to add, delete or otherwise modify portions of these terms at any time, so please check it regularly.

Last updated January 9, 2014.

1. Information About Us

This website is operated by McDougall Minerals Inc. (“McDougall Minerals”, "We", "Us", "Ourselves" or any generic term or phrase). Our offices are located near Bancroft Ontario. Our address is P.O. Box 1924, Bancroft, Ontario, K0L 1C0.

2. Access

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on this website without notice. McDougall Minerals will not be liable if for any reason this website is unavailable at any time or for any period.

3. Specimen Sales

Please note that all prices on the website are given in Canadian dollars.

Additional important information is set out in Ordering and Shipping

All orders by Canadian residents are subject to HST/GST. If you are ordering through the website, these amounts will be automatically calculated and added for your jurisdiction within Canada. 
 
If you are ordering from a jurisdiction outside of Canada, you are responsible for the payment of all applicable import/customs duties, tarrifs, brokerage fees and taxes, if any are applicable.

We reserve the right to refuse any sales.

Shipping fees are set out in Ordering and Shipping. However, as noted there, although the described fees will almost always be adequate, we may contact you to request extra postage and/or discuss alternative shipping/delivery methods in the event of a very heavy or large overseas shipment.  

Our system has been configured to automatically remove from availability any specimen once payment has been processed. If a specimen is acquired other than through the website sytem, it will be removed from availability as well. However, it is possible that more than one person may wish to acquire the same specimen, particularly in the context of new updates. It is even possible that orders may be placed simultaneously by two people for the same specimen. (I wish there was a way to avoid any possibility of any issue of people wanting the same specimen, but it seems this is not possible.)  Time priority will be given in the case of orders for the same specimen. If a specimen is ordered and it is no longer available, you may choose an alternate or otherwise a refund will be given. If you have a preferred alternate at the time of your order, please let me know.

4. Disclaimer

This website has been prepared solely for the purpose of providing information about McDougall Minerals. McDougall Minerals makes no representation or warranty of any kind including as to the completeness or accuracy of the information this web site contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. McDougall Minerals makes no commitment, and disclaims any duty, to update any of the information on this web site.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, representations warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

5. Liability

This website is provided on an “as-is”, “as-available” basis and we shall have no liability for any direct, indirect or consequential loss or damages incurred by any user in connection with this website or in connection with the use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it, whether caused by tort (including negligence), breach of contract or otherwise.

You agree to defend, indemnify and hold McDougall Minerals and its respective partners, members, contributors, organizers, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers and operational service providers (collectively, the “Company Indemnitees”) harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of this Site or (b) your breach or violation these Terms and Conditions. McDougall Minerals reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MCDOUGALL MINERALS AND THE COMPANY INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THIS SITE, THE SITE MATERIAL, THE SITE SERVICES, THE USE OF THIS SITE OR FROM THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.

6. Intellectual Property

Unless otherwise noted, this website as well as the content and layout of this website, including, without limitation, all photographs, are the exclusive property of McDougall Minerals or are used with permission and may not be reproduced or distributed, in whole or in part, without the prior written consent of McDougall Minerals.

7. Links to Other Materials

Some of the links available to you through this website will allow you to leave the McDougall Minerals website. Such external internet sites and the material are not under the control of McDougall Minerals, and McDougall Minerals makes no representations and disclaims all liability with respect to such sites and materials. The links are provided only for your convenience, and their inclusion does not constitute nor imply approval or endorsement by McDougall Minerals of the sites or their content. You may not provide hyperlinks to this web site without the prior written consent of McDougall Minerals.

8. Jurisdiction and Applicable Law

The courts of Ontario situated in the City of Toronto will have exclusive jurisdiction over any claim arising from, or related to, a visit to this website. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.