Terms of Service

Terms of Use - Online Services

Please read these terms of use carefully before using this Web site.

MINERAL ADMINISTRATION REGISTRY SASKATCHEWAN TERMS AND CONDITIONS OF USE

Mineral Administration Registry Saskatchewan ("MARS") website including the MARS Home Page and other MARS content (collectively the "MARS website") is provided on the basis that registered clients agree to the terms and conditions set out below. These terms and conditions are subject to change, without prior notice, at the discretion of the Her Majesty the Queen in Right of Saskatchewan (the "Crown") as represented by the Minister of Energy and Resources (the "Minister"), and registered clients agree that they shall be bound by such changes.

The MARS website is a monitored proprietary site. If monitoring reveals evidence of misuse or criminal activity, it will be used to support disciplinary and/or legal proceedings.

TRADEMARKS AND COPYRIGHT

The Crown as represented by the Minister owns and operates the MARS website. All words, domain names and logos related to the Crown or the Minister are the trademarks and the property of the Crown. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

All content contained on the MARS website, including without limitation all web site design, text, graphics and the selection and arrangement thereof and all software are copyright © 2012, Government of Saskatchewan.

Permission is granted to electronically copy and to print in hard copy portions of the MARS website for the sole purpose of acquiring a Crown mineral disposition or using the MARS website as an information or registration resource. Any other use of materials on the MARS website, including reproduction for purposes other than those noted above, modification, distribution, posting or republication (including a web site, online service, private or public intranet, and local or wide area network) or storage in an electronic retrieval system without the prior written permission of the Minister is strictly prohibited.

DISCLAIMER AND LIMITATION OF LIABILITY

The Minister provides the MARS website as well as any information, material or documents ordered or used via the MARS online service and MARS software on an "AS IS, WHERE IS" and "AVAILABLE" basis and makes no representations or warranties, either express or implied, of any kind with respect to the MARS website or its contents. The Minister disclaims all representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. In no event shall the Minister be liable for any damages whatsoever, including (without limitation) special, indirect or consequential damages, arising out of or in connection with access to, or the use or performance of, information, material, documents or services available on or through the MARS website except as contemplated by The Statutes of Saskatchewan. The MARS website is subject to change and may be incomplete or no longer current. Documents may contain typographical errors. The Minister disclaims all liability for these errors or omissions except as specifically stated on the MARS website or provided for by law.

The MARS website may contain links to other web sites over which the Minister has no control. The Minister provides no endorsement, representation or warranty of any kind regarding the products, services, content or appropriateness of such web sites, and the registered client hereby irrevocably waives any claim against the Minister with respect to such web sites.

The MARS website, and its related mapping application, uses geomatics information provided by other suppliers in addition to geomatics information created and maintained by the Minister. The source of all geomatics information used by the MARS website is described in the metadata files available for viewing by registered clients on the MARS website. The Minister provides no endorsement, representation or warranty of any kind regarding third-party geomatics information, and the registered client hereby irrevocably waives any claim against the Minister with respect to accuracy or validity of this information.

The MARS website requires registered clients to maintain up-to-date contact information including an active email account for the delivery of electronic legal notices issued by the Minister. The Minister disclaims any and all liability and responsibility for the maintenance of this contact information together with any damages of any kind arising from the failure of the registered client to receive electronic legal notices from the Minister owing to out-of-date contact information.

The Minister and his/her directors, officers, employees, successors, assigns and other representatives is not liable for damages (except as hereinbefore provided) arising out of or in connection with access to, the use or of information from the MARS website or any hyperlinked website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income, or profit, loss of or damage to property and claims of third parties.

The Minister disclaims any and all liability and responsibility for any unauthorized use or misuse of a registered client's account number, password, access code or similar security tool and any loss or damage arising out of or in connection with such unauthorized use or misuse shall be the sole responsibility of the registered client.

Price and availability of information, timing, material, documents or services from the MARS website and MARS's online service is subject to change without notice.

PRIVACY POLICY

Registered Users

When you visit the MARS website, the server may automatically collect and retain a limited amount of data essential to the efficient operation and security of that site. This information, however, cannot be correlated back to a specific individual. An automated process may analyze this data and a statistical report may be created to help us identify usage trends and improve our service.

The MARS website may distribute a small file to your computer, called a "cookie". Cookies may be used in two contexts: 1) the login cookie is optional and is used only to pre-populate the login form for the user as a convenience (i.e. "Remember User Name, Client Number And Account Number") - it has no expiration date; 2) the session cookie has a purely technical purpose - it is created only after you have signed in to the Web Site and is used to track information between you and the application - no personal information is collected, and the cookie is destroyed as soon as you close your browser.

When you voluntarily send the Minister electronic information via the MARS website that includes identifying information about yourself, the Minister will keep a record of this information in order to respond to your inquiry and or communicate with you generally. The personal information you provide to the Minister is kept in strict confidence and will only be used by authorized personnel to fulfill the purpose for which it was originally collected or for a use consistent with that purpose. The Minister will not disclose your information to other public bodies or individuals except as authorized by law or with your consent.

Public Registeries

MARS is a public registry and may contain information about individuals and corporate bodies that is a matter of public record, and therefore not subject to The Freedom of Information and Protection of Privacy Act. By submitting your registration information, you agree and acknowledge that all or portions of the registration information become part of the public record, subject to the terms and conditions of the Minister stated herein. In using the search functions contained in the MARS website, you are permitted to copy electronically and print hard copy of pages for your own lawful use, accordance with the "Trademarks and Copyright" provisions contained herein.

NOT LEGAL ADVICE

The MARS website as well as any information, material, documents or services ordered via the MARS online service have been prepared for information purposes only and do not constitute legal advice. Transmission and/or receipt of any information, material, documents or services contained on the MARS website or ordered from the MARS online service does not constitute a solicitor-client relationship. Information in or from the MARS website or the MARS online service should not be acted upon without obtaining legal advice.

RETURN POLICY

Any fees paid to the Minister will be refunded in accordance with the regulations.

CONTACT INFORMATION

The Ministry of Energy and Resources Lands and Mineral Tenure 610-1945 Hamilton Street Regina SK S4P 2C7 Canada

email: [email protected] Phone: (306) 787-9030

GOVERNING LAW AND JURISDICTION

By using the MARS website or the MARS online service, the registered client agrees and submits to the jurisdiction of the courts of the Province of Saskatchewan, Canada and to the application of the laws of the Province of Saskatchewan, Canada, without respect to choice of law principles.

The provisions of these Terms and Conditions constitute the entire agreement between you and the Minister and take the place of all previous communications, representations and agreements, whether oral, written or electronic, between the parties with respect to the subject matter herein. There are no representations, warranties, terms, conditions, undertakings or collateral agreements (express, implied or statutory) between the parties other than as expressly set forth in these Terms and Conditions.

By accepting these Terms and Conditions, you acknowledge that you have the authority and capacity to do so.