Terms and Conditions of Midland Food Tours

Midland Food Tours

208 King St. Midland, ON, Canada L4R 3L9

hello@midlandfoodtours.ca

Effective Date: May 2021

Please read the following Midland Food Tours (“MFT”) terms and conditions (the “Terms and Conditions”) carefully and in their entirety before you use the MFT website (the “Site”) and prior to purchasing any product or service. Please be advised that your use of the Site signifies that you agree to the Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use the Site.


Acceptance

By using the Site, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions, and further acknowledge that any information that you provide is truthful and that the disclosure of such information does not violate the legal rights of others. By accessing this Site, you represent that you are at least 18 years of age or that you are the parent or legal guardian of a minor who will be using the Site and you have the legal authority to bind the minor to these Terms and Conditions.


Products and Services

The Site contains information on the products and services offered by MFT (the “Products and Services”), and it acts as a means of communicating with MFT. Neither the use nor the sale of the Products and Services is intended where prohibited by law. Only Canadian and Ontario laws apply to the Site and to the use of the Site by any users, notwithstanding the place of residence and physical location of such users.

While we use reasonable efforts to ensure that all information contained on the Site is accurate and current, your use of the Site is at your own risk. The Site is not the authoritative source of information about the Product or Services or about MFT, its advertisers, suppliers, business partners, sponsors or other third parties. Changes may be made at any time to the Products and Services (or any part thereof) that we provide on the Site without prior notice to you. We will not be liable to you or to any third party for any changes, suspensions or discontinuances of the Products and Services (or any part thereof) on the Site.


Product-Specific Conditions Including Refund Policy

Prices are in Canadian Dollars. Products cannot be used in conjunction with any other coupon, discount, or promotion. You can change the date of your tour at any time. You can cancel your tour and receive a full refund up to 48 hours before your tour date. There are no credits for partial attendance or late arrivals. Tours run in all sorts of weather. MFT reserves the right to cancel, postpone or reschedule a tour for safety (ex. lightning, snow storm) or personal reasons. In this case, a refund will be issued to the credit card used to make the purchase. The purchase of any MFT Product or Services is conditional upon the purchaser’s agreement to be bound by MFT’s Release of Liability, Assumption of Risks and Indemnity Agreement. In addition, the Purchaser will be bound by any rules and regulations and any exclusion of liability language in effect at the restaurants and food establishments which s/he/they visit(s).


Privacy

On the Site you may be asked to provide personal information if you would like to sign up for one of the Products and Services offered by MFT or if you would like us to respond to a request that you may have. This information is only obtained from you if you supply it voluntarily. We do not automatically gather personal information and we do not require you to provide more information than is necessary for us to appropriately identify you and respond to your request.

Any personal information you do provide is protected in accordance with the privacy legislation of Ontario and Canada. Our Privacy Policy is available for you to review on the Site, and is incorporated by reference into these Terms and Conditions.


User Content

By uploading any information and other material on the Site, you waive all moral rights and grant (or warrant that the owner of such materials expressly grants) to MFT, its affiliates, its agents, its representatives, its third party service providers and other third parties who receive access to your information pursuant to these Terms and Conditions, a worldwide, perpetual, royalty-free, irrevocable and non-exclusive license and right to: (i) use, copy, adapt, transmit, communicate, publicly display, perform, and/or distribute such submitted materials; and (ii) create compilations and/or derivative works from such submitted materials. For greater certainty, subject to our Privacy Policy, anything you transmit or post may be used by MFT or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.


No Representations and Warranties

Use of the Site is not intended, and shall not be deemed, to amend or change any existing legal relationship that you may have with MFT or any third parties. The Products and Services are provided “as is” or “as available,” with all faults. While MFT believes that the information on the Site to be correct, neither MFT nor its directors, officers, employees, agents, consultants, service providers or any party involved in creating, producing, or developing this Site makes any representation or warranty, express or implied, (i) as to the accuracy, completeness, quality or adequacy of the information on the Site; (ii) that access to the Site will be uninterrupted or error-free; or (iii) that the Site will be secure.


Limitation of Liability

MFT expressly disclaims any obligation, responsibility or liability for any loss or damage, whether direct or indirect, special or consequential, incurred by any user of the Site. By accessing the Site, each user releases MFT and its respective directors, officers, employees, agents, consultants, service providers or any party involved in creating, producing, or developing this Site from all claims and proceedings for all such losses, damages or consequences.


SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


No Endorsement of Third Parties

The Site may contain links to third party websites or references to products, services or publications other than those of MFT. These links and references are for convenience only and do not imply the endorsement or approval of such websites, products, services or publications by MFT.


Indemnity

You agree to indemnify and hold CSC and its directors, officers, employees, agents, consultants, service providers or any party involved in creating, producing, or developing this Site harmless from any and all damages, costs, liabilities, and any claim or demand, including reasonable lawyers’ fees, made by any third party, due to or arising out of your use of the Site, your connection to the Products and Services, or your violation of these Terms and Conditions in connection with your use of the Site.


Changes in the Terms of Use

We reserve the right to change these Terms and Conditions at any time without prior notice. If we decide to change these Terms and Conditions, we will post those changes here. Your continued access to the Site, as the case may be, shall be deemed to be acceptance by you of the then current Terms and Conditions, including any changes to these Terms and Conditions. We encourage you to visit this area of the Site frequently to stay informed.


Termination/Cancellation

MFT reserves the right to terminate access to the Site, or to any information made available on the Site, in our sole discretion at any time and without notice. MFT shall not be liable to you or to any third party for the termination of access to the Site.


Your Use of the Site

By using the Site, you agree not to do any of the following while visiting or using the Site or any services provided by or through this Site:

– Disrupt or intercept our electronic information posted on the Site or on any of our servers;

– Attempt to circumvent any security features of the Site;

– Impersonate or misrepresent your affiliation with any person or entity;

– Post or transmit any material that is defamatory, offensive, profane, indecent, hateful, threatening, obscene, or unlawful;

– Post or transmit any software which contains a virus, spyware, trojan horse, worm or other harmful component;

– Violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law;

– Access or use password protected, secure or non-public areas of the Site without authorization;

– Frame, repackage, or otherwise re-distribute any portion of the Site; or

– Upload, or otherwise make available, files that contain images, photographs, software or other material that is protected by intellectual property laws, including trademark and copyright laws unless you own or control the rights thereto or have obtained all necessary consents.


Governing Laws and Waiver

The laws of the Province of Ontario and federal laws of Canada will govern these Terms and Conditions. You and MFT agree to submit to the jurisdiction of the courts located within the Province of Ontario in relation to claims arising under or related to these Terms and Conditions. MFT’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and MFT with respect to the Site, superseding any prior agreements between you and MFT with respect to the Site. You may also be subject to additional terms and conditions that may apply when you contract for products and services with MFT.


Copyrights and Trademarks

All Rights Reserved. Other than for noncommercial use, the material on the Site may not be reproduced in any form, or by any means, without the prior written permission of MFT. You are free to use the content for noncommercial purposes provided that you do not modify, disassemble or alter it in any way, and provided that you retain all copyrights and proprietary notices contained in the content and acknowledge the source.

Certain names, words, titles, phrases, logos, icons, graphics or designs on the Site may constitute registered or unregistered trademarks, trade names, product names, service names, slogans, icons or logos of MFT or third parties that are used under licence. Unless otherwise indicated, their use and reproduction are strictly prohibited. If you would like to use any information or materials on the Site, please contact us at hello@midlandfoodtours.ca.


How to Contact Us About Terms and Conditions

Should you have any questions or concerns about these Terms and Conditions, please contact us at hello@midlandfoodtours.ca.

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