Terms of Use

TERMS OF USE

Effective Date: June 2023

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

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

Little Canada reserves the right to update and revise the Terms at any time.  Site users should refer to the “Effective Date” to ensure currency.

The Site offers a range of services and products for the attraction (collectively and as hereinafter, the “Services“). The Services include: (1) purchase of tickets, gift cards and certificates for Little Canada, (2) purchase of merchandise related to the attraction, (3) sign up for, and receipt of electronic newsletters, (4) sign up and purchase of tickets for workshops and other special events, and (5) access to information, media and promotions related to Little Canada’s products and services.  Little Canada may add additional products and services to the Site at any time.

  1. User Compliance

Users accessing the Site, agree to and acknowledge the Terms, as well as any other terms, guidelines or rules that apply to any portion of the Site, as established by Little Canada. Any user not in agreement with the Terms, must exit and immediately discontinue use of the Site.

The user represents, warrants and covenants that: (1) they are above the age of 13, or use the Site with the approval of a parent or guardian, (2) use of the Site or the Services does not violate any applicable law, bylaw, rule or regulation, and that the user will comply with all the terms herein, and (3) all information provided by the user, including, without limitation, payment information, is true, accurate and up-to-date, and the accuracy of the information shall be maintained and updated as applicable.

  1. Use and Acceptance

The user is granted a non-exclusive, non-transferable, revocable, limited license to access and use the Site in accordance with the Terms.  This license may be terminated at any time for any reason at Little Canada’s sole discretion.

Use of the Site is for personal use only, and only in compliance with Little Canada’s Privacy Policy, as well as all privacy, data protection, intellectual property, and other applicable laws.

 

This grant does not allow commercial use of the Site.

In particular, it is forbidden to :

  • Resell or make any commercial use of the Site or any of the contents thereof;
  • Sell, transfer, or assign any of the user’s rights to use the Site to a third party without prior written consent by Little Canada;
  • Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into any readable form any of the contents of the Site not intended to be read;
  • Attempt to interfere with, harm, reverse engineer, misappropriate, or gain unauthorized access to the Site, user accounts, or technology, software and equipment supporting the Site;
  • Copy, reproduce, republish, download, display, distribute, modify, publish, post or transmit any of the contents of the Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
  • Frame or link to the Site without Little Canada’s permission;
  • Access the Site from a jurisdiction where it is illegal or unauthorized;
  • Use the Site in an illegal way or to commit an illegal act in relation to the Site, or that otherwise results in fines, penalties, and other liability to Little Canada, its licensors, partners, affiliates and others;
  • Use any data mining, robots, spiders, automated tools, software or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site;
  • Post incomplete, false, or misleading information, or impersonate another person, or misrepresent the user’s affiliation with a person or entity;
  • Disclose personal information about another person;
  • Post harassing, abusive, or objectionable material; or
  • Post advertising or marketing links or content, except as specifically allowed in the

The user agrees to use the Site and the Services only and strictly in accordance with the Terms.

  1. Registration and Accounts

Purchases can be made through the Site without creating an account, however the creation of  an account may facilitate future purchases on the Site.   Any account created is personal and account information may not be shared with or accessed by a third party.    The user is solely responsible for losses incurred by Little Canada and others resulting from any unauthorized use of  the user’s account.

The user agrees to notify Little Canada immediately of any breach of the security of their account.  As  the user is responsible for all activity that occurs under  their account,  the user agrees to use reasonable efforts to prevent unauthorized access to, or use of, the Site and to ensure that login username and password remain confidential.

Certain sections of the Site require that personal and payment information be provided. .   The user represents and warrants that all information provided is true, accurate, current, and complete.  It is the user’s responsibility to inform Little Canada of any changes to the information.  The user may refer to Little Canada’s Privacy Policy for further information when using the Site.

  1. Payment

Prices for tickets, products and other Services related to Little Canada, and available for purchase through the Site, are displayed on the Site.  Unless otherwise stated, prices do not include taxes or other third-party fees.  Any applicable taxes or fees will be made known before an order is placed.

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

The user agrees to pay for all orders placed through the Site in full, including all applicable taxes and fees.

  1. Tickets

All tickets purchased through the Site or at Little Canada’s location are valid for a single use only.  A “Timed” or “Flex” ticket permits a purchaser one-time access to the Little Canada location at the time selected when purchasing or, for Flex tickets bought online, at the time assigned upon presentation of the Flex ticket on-site.   For participation in workshops and other special events, an additional workshop/event admission ticket must be purchased along with the general admission ticket.  A workshop ticket grants the purchaser access to the workshops, events and/or attractions, on the date, time and location indicated on the ticket. Tickets are non-refundable and will not be replaced if expired, destroyed, lost, or stolen. For further information regarding tickets, users may contact info@little-canada.ca. For further information on Little Canada’s rules, policies and procedures, users may visit www.little-canada.ca . Tickets may not be used for advertising, promotion (including contest and sweepstakes) or other purposes without the prior written consent of Little Canada management.  Admittance to and participation at the Little Canada location, and/or Little Canada events or workshops are subject to compliance with the rules, policies and regulations as established by Little Canada.  Further information on the rules can be found on each ticket, on the Site or by other means made available by Little Canada.

  1. Gift Cards and Little Me Gift Certificates

The purchase of Gift Cards, via the Site or at the Little Canada location, constitutes acceptance of the following terms and conditions. The card balance can be redeemed for Little Canada ticket entry, Little Bites and Little Things, but cannot be redeemed for Little Me purchases or for cash value unless required by law, and cannot be used to pay off credit card accounts. Gift cards can be activated on the Site or when purchased on-site at Little Canada. For more information on card balance, users may contact 1-866-489-7527. The value of the card will not be replaced if lost, stolen, or used without permission. The card is issued by Little Canada, Our Home in Miniature Land.

Purchase of Little Me Gift Certificates via the Site constitutes acceptance of the following terms and conditions. The Gift Certificate balance can be redeemed for Little Me purchases and cannot be redeemed for Little Canada ticket entry, Little Bites, Little Things or for cash value unless required by law and cannot be used to pay off credit card accounts. Gift certificates can be activated on the Site or when purchased onsite at Little Canada. For more information on certificate balance, users may contact 1-866-489-7527. The value of the certificate will not be replaced if lost, stolen, or used without permission. This certificate is issued by Little Canada, Our Home in Miniature Land and expires one calendar year from date of issue.

  1. Cancellation and Refunds

Tickets are non-refundable and will not be replaced if expired, destroyed, lost, or stolen. For further information regarding tickets, users may contact info@little-canada.ca

If the guest will not, or cannot, attend the location or a workshop on the date specified on their ticket, they are asked to provide at least twenty-four (24) hours’ written notice of cancellation.

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

  1. Privacy

Little Canada has adopted a Privacy Policy that is hereby incorporated into the Terms of reference. For further details on collection and use of information from the Site users may visit https://little-canada.ca/privacy-policy/

  1. Electronic Communication

Use of the Site or Services, creation of an account, and email communication with Little Canada, , all constitute electronic communication and imply consent to receive communications from Little Canada. Communications will consist of emails or notices posted on the Site.   The user agrees that all agreements, notices, disclosures, and other communications that Little Canada provides electronically, satisfy any legal requirement that such communication be in writing.  Any user wishing to withdraw consent for receipt of electronic communications must do so in writing.

  1. Disclaimer

Little Canada makes no representation about accuracy, reliability, completeness, or timeliness of any of the contents on the Site.   Little Canada makes 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. Little Canada disclaims all liability for specific results from use of the Site.  Use of the Site is at the user’s risk

The Site and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications.  Little Canada is not responsible for any delays, delivery failures or other damages resulting from such problems. Little Canada does not guarantee the Site or Services will be operable at all times. Little Canada reserves 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 to make other changes.

Third-party content may appear on or be accessible from the Site.  Little Canada does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties.  The user accepts that any reliance on material posted by third-party service providers will be at  the user’s own risk.  Little Canada is released from 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 the Terms, the user expressly understands and agrees that, to the fullest extent permitted by law:

(A) Use of the Site and the Services is at the user’s 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 expressed 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 or Services will meet the user’s 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 user 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  the user’s own discretion and risk, and the user will be solely responsible for any damage to their computer system or mobile device that results from the use of any such material.

  1. Limitation on Liability

The user expressly understands and agrees that the released parties shall not be liable 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 Little Canada may ask for or allow the user to communicate, submit, upload, post, share or otherwise make available text, photos, videos, audio, or similar content and material (collectively, “USC”) on or through the Site and/or  Little Canada’s social media, including but not limited to Facebook, Instagram, LinkedIn, TikTok, YouTube and Twitter and other similar platforms (collectively, “Social Media”).

The user agrees and acknowledges that all USC submitted or shared with Little Canada and/or posted on the Site or social media will comply with the Terms, Little Canada’s Privacy Policy and other rules, regulations or policies, applicable third-party terms of use, and the laws of the relevant jurisdiction. The user agrees and acknowledges that USC is not, and will not be, infringing, defamatory, libelous, inaccurate, unlawful, threatening, abusive, vulgar, offensive, obscene, pornographic, harmful or will not reasonably be expected to harm any person or entity, be hateful, or promote discrimination, violence, bigotry, racism or hatred, as determined by Little Canada at its sole discretion.

The user hereby grants Little Canada an unrestricted, assignable, royalty-free, perpetual, non-exclusive right and license to use, share, reproduce, communicate, distribute, publicly display, transmit, communicate to the public, adapt, modify, edit, translate, create derivative works from, and otherwise exploit (collectively “Use”) all USC submitted or shared with Little Canada, for any purpose, including promoting and marketing Little Canada, the Site and the Services.  The user further grants Little Canada an unrestricted, assignable, royalty-free, perpetual, non-exclusive right, and license to use the name, image, and likeness of any person identifiable in any USC.  By submitting, posting, or sharing USC with Little Canada, the user waives any and all rights of publicity, privacy, moral rights, or other rights of a similar nature the user has in the USC.

The user represents and warrants that (1) the user is the sole and exclusive owner of the USC, or that the user has obtained all rights, licenses, consents and releases necessary to grant Little Canada the rights identified in the Terms, and (2) the USC 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 Little Canada to obtain any consent, permission or licenses from, or make any payments in any amounts to, any third-party.

Little Canada reserves the right to review any USC and remove, delete, redact, or otherwise modify such USC, at its sole discretion, at any time, without notice or obligation to the user.

  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 the 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 Little Canada’s prior written consent.

All trademarks, design marks, logos, taglines, service marks, trade names, and trade dress (collectively the “Marks”) that appear on the Site or in connection with the Services are owned and are proprietary to Little Canada, or the respective owner of such Marks.  The user may not display, copy, misappropriate, reproduce or pass-off the Marks in any manner without the prior written consent of Little Canada.  The user 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 the user and Little Canada relating to the Terms or use of the Site or Services will be resolved by mediation or arbitration.  The user agrees to waive their right to initiate a court proceeding to assert or defend their rights under the Terms, except for matters that may be taken to small claims court. Unless there is a mutually agreed upon alternate 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

Little Canada reserves the right, without notice or liability, at its sole discretion, to terminate the user’s license to use the Site, delete the user’s account, remove the user’s reviews, and to block or prevent future access to and use of the 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 the 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 the Terms.

  1. Severability

If any of the 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

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