Terms of Service

1. Acceptance of Terms

By accessing or using our website at www.heritagearchways.com ("Site"), booking tours, participating in workshops, or utilizing our consultation services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms constitute a legally binding agreement between you and Heritage Archways ("we," "us," or "our").

2. Changes to Terms

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. Eligibility

You must be at least 18 years old or have the consent of a parent or guardian to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements.

4. Account Registration

Some features of our Services may require you to register an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. Booking and Cancellation Policies

5.1. Tour and Workshop Bookings

All tour and workshop bookings require advance reservation and payment. Prices, availability, and schedules are subject to change without notice.

5.2. Payment

Payment for all services must be made at the time of booking unless alternative arrangements have been explicitly agreed upon in writing. We accept major credit cards and other payment methods as indicated on our booking platform.

5.3. Cancellations by Customers

Cancellation policies vary by service type:

• Standard Tours: Full refund if cancelled at least 48 hours before the scheduled start time. 50% refund if cancelled between 24-48 hours. No refund for cancellations less than 24 hours before the scheduled time.
• Private and Custom Tours: Full refund if cancelled at least 7 days before the scheduled date. 50% refund if cancelled between 3-7 days. No refund for cancellations less than 3 days before the scheduled date.
• Workshops: Full refund if cancelled at least 7 days before the scheduled date. No refund for cancellations less than 7 days before the scheduled date.
• Consultation Services: Full refund if cancelled at least 48 hours before the scheduled time. No refund for cancellations less than 48 hours before the scheduled time.

5.4. Cancellations by Heritage Archways

We reserve the right to cancel or reschedule tours, workshops, or consultations due to weather conditions, safety concerns, insufficient participation, or circumstances beyond our control. In the event of cancellation by Heritage Archways, you will be offered the choice of rescheduling or receiving a full refund.

5.5. Late Arrivals

We cannot guarantee full service for late arrivals. Tours and workshops will begin as scheduled. If you're running late, please contact us as soon as possible.

6. Code of Conduct

When participating in our tours, workshops, or other in-person services, you agree to:

• Respect historic properties, artifacts, and environments
• Follow guide instructions and safety directions
• Respect the rights and comfort of other participants and the general public
• Not engage in disruptive, dangerous, or illegal behavior
• Not be under the influence of alcohol or illegal substances during participation

We reserve the right to refuse service or remove participants who violate this code of conduct without refund.

7. Intellectual Property Rights

7.1. Site Content

The content on the Site, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Heritage Archways or its content suppliers and is protected by Canadian and international copyright laws. The compilation of all content on this Site is the exclusive property of Heritage Archways and is protected by Canadian and international copyright laws.

7.2. Trademarks

Heritage Archways and our logo are trademarks of Heritage Archways. All other trademarks, service marks, and logos used on the Site are the property of their respective owners. Nothing on the Site should be construed as granting any license or right to use any trademark without our written permission or that of the third-party rights holder.

7.3. Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and our Services for personal, non-commercial purposes. You may not:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services
• Use the Site or Services for any commercial purpose without our express written consent
• Remove any copyright, trademark, or other proprietary notices
• Modify, translate, adapt, or create derivative works based on the Site or Services
• Use any data mining, robots, or similar data gathering and extraction methods

7.4. User Content

By submitting, posting, or displaying content on or through our Services (including reviews, photos, comments, or other materials), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the provision of our Services. You represent and warrant that you have all rights necessary to grant these rights.

8. Limitation of Liability

To the maximum extent permitted by law, Heritage Archways, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Injury or property damage resulting from participation in tours or workshops

In no event shall our total liability to you for all claims exceed the amount paid by you, if any, for accessing or using our Services during the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Heritage Archways and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another
• Your conduct in connection with the Services

10. Assumption of Risk

You acknowledge that participation in architectural tours, workshops, and other in-person activities involves inherent risks. These risks include but are not limited to physical injury, property damage, and other hazards associated with walking tours, visiting historic buildings, and engaging in educational activities. By using our Services, you voluntarily assume all risks associated with such activities.

11. Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Toronto, Ontario.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

13. Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Heritage Archways.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by us on the Site, shall constitute the entire agreement between you and Heritage Archways concerning the Services.