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Terms of Use page

TERMS OF USE

Effective Date: June 24, 2020 

This website, www.little-canada.ca (the “Site”), is operated and maintained by Our Home & Miniature Land Inc. (“Little Canada”, “us” or “we”).

All content, information, products and services provided on and through the Site may solely be used under the following terms of use (the “Terms”).

We reserve the right to update and revise these Terms at any time.  You will know if the Terms have been revised since your last visit by referring to the “Effective Date” noted at the top of this document.

The Sites offer a range of services and products to enjoy our attractions (collectively and as hereinafter described, the “Services“). The Services allow you to (1) purchase tickets to our location, (2) buy merchandise related to our attraction, (3) sign up for and receive electronic newsletters, and (4) access media and promotions related to our products and services.  Little Canada may add additional products and services to the Site from time to time.

  1. User Compliance

By accessing this Site, you agree and acknowledge to the Terms, as well as any other terms, guidelines or rules that apply to any portion of the Site, as established by Little Canada from time to time.   If you do not agree to these Terms, you must exit and immediately discontinue your use of the Site.

You represent, warrant and covenant that: (1) you are above the age of 13, or use this site with the approval of a parent or guardian,  (2) your use of the Site or the Services does not violate any applicable law, bylaw, rule or regulation, and that you will comply with all the terms herein, and (3) all information you provide, including, without limitation, payment information, is true, accurate and up-to-date, and you shall maintain and update the accuracy of such information as applicable.

  1. Use and Acceptance

You are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Site in accordance with these Terms.  We may terminate this license at any time for any reason at our sole discretion.

You may use this Site for your personal use only, and only in compliance with our Privacy Policy, all privacy, data protection, intellectual property, and other applicable laws.

This grant does not allow you to use this Site for commercial uses.  In particular, you may not:

You agree to use the Site only and strictly in accordance with these Terms.

  1. Registration and Accounts

Purchases can be made through the Site without creating an account, however you may choose to register an account to facilitate future purchases on the Site.   If you create an account, the account is personal to you and you may not share your account information with, or allow access to the account, any third-party.    You are solely responsible for the losses incurred by Little Canada and others resulting from any unauthorized use of your account.

You agree to notify Little Canada immediately of any breach of the security of your account.  As, you are responsible for all activity that occurs under your account, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to ensure your login username and password remain confidential.

Certain sections of the Site require that you provide personal information and payment information.  You represent and warrant that all the information you provide is true, accurate, current and complete.  It is your responsibility to inform us of any changes to that information.  See Our Privacy Policy for further information regarding your privacy when using this Site.

  1. Payments

The prices for tickets, products and other services related to Little Canada are displayed and are available for purchase through the Site.  Unless otherwise stated, the prices do not include taxes or other third-party fees.  Any applicable taxes or fees will be communicated to you before you place an order.

The Site uses third parties to process payments.  We use third-party payment processors to accept payments through various payment methods and credit cards including VISA, MasterCard, American Express, Interact/Debit, WeChat Pay, Alipay as detailed on the payment screen.  We do not warrant or represent that each of these payment methods will continue to be supported on the Site and such third-party payment providers may change from time to time.

You agree to pay in full, the prices, including all applicable tax and fees, for all of your orders placed through the Site.

  1. Tickets

Tickets purchased through our Site or at Little Canada’s location are valid for same day single use only.  This ticket permits access to only those events and or attractions indicated on the ticket. This ticket cannot be transferred or sold, is non-refundable and will not be replaced if expired, destroyed, lost or stolen. This ticket may not be used for advertising, promotion (including contest and sweepstakes) or other purposes without the prior written consent of Little Canada management.  Your admittance and participation at the Little Canada location is subject to your compliance to the rules, policies and regulations as established by Little Canada from time to time.  Further information on these rules can be found your ticket, on this Site or by other means made available by Little Canada.

  1. Refunds

Little Canada will work with you on a case-by-case basis and attempt to resolve any issues with regards to tickets purchased for canceled events or attractions or days the Little Canada location is closed due to unforeseen circumstances.

  1. Privacy

Little Canada has adopted a Privacy Policy that is hereby incorporated into these Terms by reference.  You should refer to the Privacy Policy to fully understand how we collect and use your information when using the Site.

  1. Electronic Communication

When you visit the Site, or send us e-mails, you are communicating with us electronically.  If you access or use our Services, register an account, or send us an electronic communication, you consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.   If you do not wish to receive electronic communications from us, please send written confirmation that you are withdrawing your consent to receive such.

  1. Disclaimer

We make no representation about accuracy, reliability, completeness or timeliness of any of the contents on the Site.   We make no representation about the accuracy, reliability, completeness, or timeliness of any data or content from a third-party service provider or the quality or nature of third-party products or services obtained through the Site. We disclaim all liability of specific results from use of the Site.  Your use of the site is at your own risk.

The Site and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications.  We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to any Site, Services, or any portion thereof; (2) to modify or change the Sites, Services, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of any Site, provision of Services and availability of Content, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Third-party content may appear on or be accessible from the Site.  We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties.  You accept that any reliance of material posted by third party-service providers will be at your own risk.  You release us of all claims, demands and damages in relation to disputes among other third-party users of the Site.

EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY HEREIN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND LITTLE CANADA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (“RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

  1. Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LITTLE CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH), RESULTING FROM: (i) ANY ERRORS OR OMISSIONS FROM THE SITE OR ANY PRODUCTS OR SERVICES THEREFROM; (ii) THE USE OR THE INABILITY TO USE THE SITE; (iii) THE CONTENT CONTAINED ON THE SITE; (iv) ANY DELAY OR FAILURE OF PERFORMANCE OF THE SITE; (vi) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SITE; (vii) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE SITE; OR (viii) ANY OTHER MATTER RELATING TO THE SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR LITTLE CANADA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE, WILL NOT EXCEED $100.

 

  1. User Submitted Content

From time to time, we may allow you to post reviews, comments, photos or similar material on the Site (collectively, “Review” or “Reviews”).  You agree that any Reviews posted on the Site will not be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, vulgar, offensive, obscene, hateful or promote discrimination, bigotry, racism or hatred as determined by us in our sole discretion.

By posting a Review on the Site, you hereby grant us an unrestricted, assignable, royalty-free, perpetual, non-exclusive right and license to use, reproduce, distribute, publicly display, transmit, communicate to the public, modify, edit, translate, create derivative works from, and otherwise exploit (collectively “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing the Little Canada attraction, the Site and the Services.  You further grant us an unrestricted, assignable, royalty-free, perpetual, non-exclusive right and license to Use the name, image and likeness of any person identifiable in any Review you post to the Site.  By posting a Review, you waive any and all rights of publicity, privacy, moral rights, or other rights of a similar nature you have in your Review.   You represent and warrant that (1) you are the sole and exclusive owner of the Review that you posted to the Site, or that you have all rights, licenses, consents and releases necessary to grant Little Canada the rights in your Reviews, and (2) the Review that you posted does not infringe, misappropriate or violate the rights of any third party or entity, constitute or result in defamation, libel, slander or any similar offense, or require us to obtain any licenses from or make any payments in any amounts to any third-party.

We reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time from time to time, without notice or obligation to you.

  1. Intellectual Property

Unless otherwise noted, all content included on the Site, including images, illustrations, designs, icons, photographs, video clips, charts, software applications, written and other materials (collectively, with “Marks” defined below, the “Content”) is the property of Little Canada or Little Canada’s licensors, partners or affiliates.  The Content is protected by Canadian, United States and international copyright and trademark laws, as applicable.  Any unauthorized use of any of the Content on this Site is strictly prohibited and may violate copyright and trademark laws, and or/ the laws of privacy, publicity, and/or communication regulations and statutes.  The Content on the Site may only be used with our prior written consent.

All trademarks, design marks, logos, taglines, service marks, trade names, and trade dress (collectively the “Marks”) that appear on this Site or in connection with the Services are owned and are proprietary to Little Canada, or the respective owner of such Marks.  You may not display, copy, misappropriate, reproduce or pass-off the Marks in any manner without the prior written consent of Little Canada.  You may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

  1. Dispute Resolution

All disputes between you and Little Canada relating to these Terms or your use of the Site or Services will be resolved by mediation or arbitration.  You Agree to waive your right to initiate a court proceeding to assert or defend your rights under these Terms, except for matters that may be taken to small claims.  Unless we mutually agree on a different location, mediation or arbitration shall occur in Toronto, Ontario, Canada.  Nothing in these Terms will be deemed to waive or limit the right of Little Canada to pursue an enforcement action to address an intellectual property infringement claim.

  1. Governing Law

These Terms shall be governed by the Province of Ontario and the federal laws of Canada applicable therein.

  1. Termination

We reserve the right, without notice or liability, in our sole discretion to terminate your license to use this Site, delete your account, remove your reviews, and to block or prevent future access to and use of this Site for any reason.  These Terms will survive termination.

  1. Waiver

Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.

  1. Severability

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

  1. Entire Agreement

These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between the user and Little Canada with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. Any rights not expressly granted herein are reserved.