TERMS AND CONDITIONS

These Terms and Conditions will govern the product order placed by you with the Museum of Dufferin (MoD) located at 936029 Airport Road, Mulmur, ON L9V 0L3, dufferinmuseum.com, dufferinmuseum.eventbrite.com and/or dufferinmuseum.shop.

PAYMENT

You agree to pay the MoD the listed price for your order, including any taxes, duties, levies, shipping and handling costs, if any, by providing your credit/debit card information at the time of placing the order. All prices are in Canadian dollars. All prices are subject to change without notice. All prices include HST where applicable.

Ticket sales for events, programs, workshops are made using Eventbrite, a third-party service platform located at dufferinmuseum.eventbrite.com. Payments are handled by Eventbrite Payment Processor. Terms and Conditions are specific to this platform and service being offered.

Online donations, gift shop, consignment sales and the like are administered through Shopify, a third-party service platform located at dufferinmuseum.shop. Payments are handled by Shopify Payments, a Stripe-based service. When using this service or placing an order, please refer to our Shopify store Terms & Conditions, Privacy Policy, Shipping Policy and Return Policy.

 

SECURITY AND PERSONAL INFORMATION

Your personal and credit card information is protected while you are using the MoD website. SSL (Secure Socket Layers) technology ensures the security and integrity of the personal information you provide while using the MoD website. This advanced security system encrypts data transmissions between a web browser and web site, and ensures this information may only be decrypted at its intended destination.

Credit card information is not accepted or stored at the MoD. While the MoD takes steps to protect the security of e-mail or other communications with this Site, there is no guarantee that such communications will not be intercepted by unauthorized parties. By using our site, you consent to the collection, use and disclosure of your personal information by the MoD or as agreed to by you in another place (i.e. Eventbrite and Shopify) for the purpose of providing you with the goods and services requested and as otherwise indicated in our Privacy Statement.

Eventbrite and Shopify comply with PCI-DSS (Payment Card Industry Data Security Standard) 3.2.1 Level 1 as both a Merchant and a Service Provider.

Eventbrite is registered with both Visa and MasterCard and is regularly audited by a Qualified Security Assessor (Coalfire, Inc.). Their service has passed internal and external application and network penetration testing performed by independent security firms. Eventbrite’s PCI Attestation of Compliance (AOC) and Quarterly Scan Attestation of Compliance are both available to download here. Eventbrite employs a cross-functional team responsible for oversight of PCI Compliance. More of Eventbrite Safety and Security can be found here.

Shopify’s Level 1 PCI DSS compliance extends by default to all stores powered by Shopify. Information about Shopify and PCI Compliance can be found here.

 

CANCELLATION AND REFUND

Offerings and services, including events, programs and services and associated prices are subject to change without notice. Programs are non-credit and not tax deductible. 

Refund details are specific to each event, program, workshop and service. Refund conditions are outlined on the Eventbrite or Website listing. 

The MoD reserves the right to cancel events and programs at our discretion. In the event of a cancellation or re-scheduling by the MoD, you will be notified by e-mail and a full refund will be issued to ticket holders.

For further inquiries please contact us at modsales@dufferinmuseum.com or 1 (519) 941-1114 or 1-877-941-7787.

 

USER SUBMISSIONS

Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”), except as otherwise expressly provided in this Site. The Museum of Dufferin (the “MoD”) may copy, display, post, communicate or otherwise use the Communications in any media, universally and world-wide. By transmitting any Communication to or through this Site, you warrant that such communications are original to you or that you have authorization to publicly communicate them and you waive all moral rights or other similar rights world-wide in those Communications.

You are prohibited from uploading or submitting comments, information, image or other material to or through this Site containing or including, any unlawful, threatening, libelous, defamatory, obscene, or pornographic material, or any material that would infringe the copyright, privacy or personality rights or any other intellectual property rights, including but not limited to copyright, of another party if used without that party’s permission, or that includes software that contains a virus, defect or other harmful or disruptive component, or containing material that is otherwise illegal or unlawful.

 

REPRESENTATIONS AND WARRANTIES

You represent and warrant that the comments uploaded or submitted to or through this site by you do not infringe on any intellectual property and proprietary rights, including copyright, personality rights, privacy rights, or moral rights of any third parties.

The MoD reserves the right to decline to fill an order that, in its sole discretion, violates the representation and warranty above, that contains prohibited material or that otherwise breaches any provision of this agreement. You are responsible for compliance with all local and applicable laws regarding your use of this Site.

THE INFORMATION, SERVICES AND PRODUCTS PROVIDED AT OR THROUGH THIS SITE AND LINKS TO OTHER SITES ARE PROVIDED “AS IS”. THE MoD, ITS EMPLOYEES, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE OR ANY KIND OF DEALING OR USAGE OF TRADE, ABOUT THE PRODUCTS OR SERVICES PROVIDED BY THE MoD, ITS EMPLOYEES THIRD-PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE, THE USE OF THIS WEBSITE OR THE INFORMATION PROVIDED THROUGH THIS WEBSITE, THE LINKS TO OTHER SITES, FOR THE DELIVERY BY THIRD PARTIES OF GOODS PURCHASED THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF UNINTERRUPTED OR ERROR FREE OPERATION, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, TIMELINESS, SUITABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE MoD, ITS EMPLOYEES, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, LOST PROFITS, EXPECTED REVEVUES AND DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE, EVEN IF SUCH DAMAGES ARE REASONABLY FORSEEABLE OR THE MoD, ITS EMPLOYEES, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY NOTHWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OR A FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS. LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, THE MoD, ITS EMPLOYEES, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE, LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT PAID FOR THE ITEM OR PROGRAM ORDERED. THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.

 

INDEMNITY

You agree to indemnify and hold the MoD, its employees, third-party content providers, sponsors, licensors, or the like, harmless from any loss, expense, or damage, including reasonable legal fees, arising from any action, claim, suit or demand asserted by any person or entity against the MoD, its employees, agents, third-party content providers, sponsors, licensors, or the like, related to, based on or arising from your breach or non-performance of these Terms and Conditions, including any claim for infringement of a third party’s intellectual property, property, personality, privacy rights or moral rights. This section shall survive the termination of these Terms and Conditions.

 

GENERAL

These Terms and Conditions shall be governed by the laws of the province of Ontario and the federal laws of Canada, and you consent to the exclusive jurisdiction of the courts of Ontario in all disputes arising out of or relating to these Terms and Conditions without regard to the conflict of laws. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (Ontario) as amended, replaced or re-enacted from time to time. These Terms and Conditions constitute the entire agreement between you and MoD with respect to products or services provided by MoD and it supersedes all prior agreements between you and the MoD in this respect. A printed or electronic version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that these Terms and Conditions and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais. This Section shall survive the termination of these Terms and Conditions.

TO COMPLETE YOUR ORDER PLEASE PRINT OR DOWNLOAD THESE TERMS AND CONDITIONS.

CLICKING A SUBMISSION BUTTON (e.g. “Submit” or “Purchase”) ON THIS OR A THIRD-PARTY AFFILIATE SITE (e.g. Eventbrite) CONSTITUTES YOUR SIGNATURE. BY CLICKING A SUBMISSION BUTTON AND PLACING AN ORDER WITH THE MoD, YOU INTEND TO CREATE A LEGALLY BINDING CONTRACT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS WEB SITE. IF YOU CLICK A SUBMISSION BUTTON WITHOUT READING THESE TERMS AND CONDITIONS, YOU ARE STILL ACCEPTING TO BE BOUND BY THESE TERMS AND CONDITIONS. THE PERSON CLICKING THE SUBMISSION BUTTON WARRANTS THAT IT HAS THE AUTHORITY TO BIND YOU TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE EXIT THIS WEB SITE BY RETURNING TO MoD’s Homepage.