The following terms and conditions govern the operation and management of the Mineral Lands Administration web portal (“MinLAP”). The use of MinLAP is subject to the following terms and conditions and constitutes the user’s agreement to those terms and conditions. Users of MinLAP are requested and encouraged to read the following terms and conditions prior to use of this site and, by making use of MinLAP, are deemed to have read, understood and accepted the terms and conditions set out hereto.
Any breach by a user of MinLAP of any of the following terms and conditions may allow the Government of Newfoundland and Labrador (“Government”) and the Department of Industry, Energy and Technology (the “Department”) to take any action against the user permitted in law or equity, including the denial, retraction and reclamation of any license, lease, right or other benefit. Government and the Department also reserve the right, upon a breach or repeated breaches of these terms and conditions, to terminate the user’s account respecting the within service.
1. DISCLAIMER:
Information on this site and as accessed and used through MinLAP is provided as a public service by Government. Government cannot guarantee that all information found herein is current or accurate and, as a result, the information is provided by Government without warranty, guarantee or responsibility of any kind, either express or implied. Users should therefore take reasonable measures to verify the information before acting on it. While Government makes every reasonable effort to ensure that all information contained herein is current, accurate and complete, Government cannot guarantee its integrity and hereby disclaims any such guarantee.
2. COPYRIGHT AND INTELLECTUAL PROPERTY:
Unless otherwise stated, Government is the owner of the copyright and all other forms of intellectual property in all information found on MinLAP. Where Government is the owner of the copyright in and intellectual property to the information found on MinLAP, Government hereby grants permission for the information and services to be used by the members of the public, by corporate entities, by business organizations and other non-government organizations and, for that purpose, Government hereby grants to users the right to make use of the services of MinLAP only if, as a condition precedent, users agree not to:
• Violate the copyright and intellectual property of Government and the Department in and to MinLAP;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of MinLAP;
• Reproduce, modify, display, distribute or create derivative works from, on or to MinLAP; or
• Otherwise attempt to derive any source code or underlying ideas or algorithms of any part of MinLAP.
3. TERMS AND CONDITIONS FOR ACCEPTABLE USE:
By making use of MinLAP, you, as a user, agree not to use MinLAP for any unlawful purpose or, in particular, for any purpose prohibited by this section. You agree not to use MinLAP in any way that could cause damage to the services or the general business of Government or the Department.
In particular, you agree not to:
• Share or otherwise disclose your MinLAP account information (e.g., username and password);
• Use any program, device, robot, spider, offline reader, site search, retrieval application or other automatic or manual device, tool or process to retrieve, index, data mine or in any way reproduce or circumvent the navigation structure or presentation of MinLAP;
• Use any automatic or manual device, tool or process, or use any other program or service, which is designed to or could circumvent any technological or programming measures that control access to MinLAP or the services provided by MinLAP or in any other way is intended to or could violate the terms and conditions respecting use of MinLAP;
• Upload or otherwise disseminate any computer viruses or other software that may damage the programs, services or property of Government or the Department;
• Perpetuate any form of fraud or other form of illegality or false dealing to obtain improper benefit or gain; or
• Unlawfully gather information about other users of MinLAP.
Any breach of these terms and conditions of acceptable use may permit Government and the Department to take any action against the user permitted in law or equity, including the denial, retraction and reclamation of any license, lease, right or other benefit. Government and the Department also reserve the right, upon a breach or repeated breaches of these terms and conditions, to terminate the user’s account respecting the within service.
4. PRIVACY AND INFORMATION PROTECTION:
Government, through the Department, provides access to MinLAP for the staking of mineral claims. Government is committed, in compliance with the Access to Information and Protection of Privacy Act, 2015 (“Act”), to protecting the privacy and personal information of individuals and organizations who use MinLAP. Personal information means recorded information about an identifiable individual and may include such information as the individual’s name, address, telephone number, the IP Address of the computing device used to complete a successful MinLAP staking claim, or other identifying particulars assigned to the individual.
The only identifiable personal information which is collected by MinLAP is information that you voluntarily provide through your use of MinLAP. The information, including identifying personal information, which you do provide with respect to your use of MinLAP will only be used by authorized officials to confirm your proper use of MinLAP and to fulfill the purpose for which it was collected, or for a use consistent with that purpose. The information is not used for any other purposes and will not disclosed to other public bodies or individuals, except as authorized by the Act, to undertake an investigation concerning proper use of MinLAP, or for another purpose as required or authorized by law.
Notwithstanding the above, MinLAP will automatically collect the IP Address (e.g. 123.45.67.890) of the computing device used to complete a successful staking claim.
5. DATA LOSS:
Neither Government nor the Department are responsible for the security of your account or your content. You, as user, agree that the use of MinLAP is at your own risk.
6. LIMITATION OF LIABILITY :
Neither Government nor the Department nor their employees, agents, contractors or assigns are liable to you for your use of MinLAP and both Government and the Department hereby disclaim any and all such claim for liability. This limitation of liability applies to any and all claims by you, including, but not limited to, claims for lost profits or revenues, direct, indirect, consequential or punitive damages, negligence, strict liability, fraud or torts of any kind. Responsibility for use of MinLAP and the information contained therein rests solely with the user, and such sole responsibility shall not in any way attach or attract liability to Government or the Department or their employees, agents, contractors or assigns for such use. This limitation of liability condition shall survive your use of MinLAP services.
7. INDEMNIFICATION:
You, as user, agree to indemnify and hold harmless Government, the Department, and any of their employees, agents, contractors and assigns, against any and all legal claims and demands, including attorney fees, which may arise from your use or your misuse of MinLAP, your breach of these terms and conditions, including the terms and conditions of acceptable use, or your conduct or actions with respect to your use of MinLAP. This indemnification condition shall survive your use of MinLAP services.
8. CONTACT:
Please direct any questions regarding these Terms and Conditions to the following:
Justin Lake, Mineral Claims Recorder
justinwlake@gov.nl.ca
If you have a complaint or concern respecting the use of your personal information, please contact the Department as follows:
Kevin Sheppard, Director, Mineral Lands
kevinsheppard@gov.nl.ca
For more information concerning the Department’s licensing process and the use of MinLAP, please email questions and requests to the following:
Justin Lake, Mineral Claims Recorder
justinwlake@gov.nl.ca
