TERMS OF USE

GOOD TIME TOUR COMPANY INC. (“GTTC”/“WE”/”US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT www.goodtimetourco.com (THE “WEBSITE”) AND THE GTTC APPLICATION (“APP”) FOR USE WITH OUR PLATFORM (COLLECTIVELY “SERVICES”) WHICH ENABLES REGISTERED USERS TO BOOK AND PAY FOR TOURS AS WELL AS RELATED GOODS AND AMENITIES.

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THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICES, INCLUDING USERS WHO REGISTER FOR THE SERVICES, USERS WHO DOWNLOAD, USE OR ACCESS CONTENT ON THE SERVICES, USERS WHO DOWNLOAD THE APP, AND USERS WHO USE THE APP, USERS WHO USE HE SERVICES TO BOOK AND PAY FOR TOURS, AND/OR RELATED GOODS AND AMENITIES (COLLECTIVELY, “USERS”).

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BY VISITING THE WEBSITE, BOOKING A TOUR AND/OR RELATED GOODS AND AMENITIES THROUGH THE WEBSITE ATTENDING ON A TOUR OR OTHERWISE USING THE SERVICES, YOU INDICATE AND CONFIRM YOUR REVIEW AND ACCEPTANCE OF THESE TERMS OF USE (“TERMS”).

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IF YOU DO NOT ACCEPT THESE TERMS THEN DO NOT USE THE WEBSITE, THE APP OR ANY SERVICES.

THESE TERMS MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND, THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT OR USE OF THE SERVICES. WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO INFORM YOU OF ANY CHANGES TO THESE TERMS, INCLUDING POSTING A NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR REVIEW OF AND ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.

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IN ORDER TO USE THE SERVICES, YOU MUST REGISTER AND PROVIDE CERTAIN INFORMATION. FOR DETAILS ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, WHICH FORMS AN INTEGRAL PART OF THE AGREEMENT AS BETWEEN US.

THESE TERMS, ALONG WITH ANY TOUR REGISTRATION PAGE, AND/OR THE GTTC TOUR CONTRACT, CONSTITUTE THE ENTIRE LEGAL AGREEMENT BETWEEN GTTC AND ANY USER. YOU ARE AGREEING TO GOVERNING YOUR RELATIONSHIP WITH US BY AGREEING TO THESE TERMS BASED UPON THE FACT THAT THE TOURS TAKE PLACE IN THE PROVINCE OF ONTARIO.

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BY USING THE SERVICES (AND THEREBY AGREEING TO THESE TERMS) MANDATORY PROCESSES AS ARE SET FORTH. THESE INCLUDE, BUT ARE NOT LIMITED TO A WAIVER OF THE RIGHT TO BRING ANY CLAIMS IN ANY COURT BEFORE A JURY AND, A WAIVER OF THE RIGHT TO PURSUE CLAIMS ON A CLASS ACTION BASIS AND, THAT ALL CLAIMS MUST BE COMMENCED IN THE CITY OF KINGSTON IN THE PROVINCE OF ONTARIO.

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IN THE EVENT THAT YOU VIOLATE THE ABOVE CLAUSE IT MAY BE PLED AS AN ABSOLUTE BAR TO ANY COURT PROCEEDING AND; WE SHALL BE ENTITLED TO APPLY FOR THE SUMMARY DISMISSAL OF ANY SUCH PROCEEDING BASED UPON YOUR AGREEMENT TO BE BOUND BY IT AND; WE SHALL BE ENTITLED TO OUR LEGAL COSTS ON THE HIGHEST SCALE AS IS PERMITTED BY THE COURT.

USE OF THE SERVICES

1.1 Conduct Rules In using the Services you agree and warrant that you will agree to and follow the TOUR AGREEMENT & TERMS OF USE attached hereto as Schedule “A”.

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1.2 Service Disclaimer. Except as expressly provided herein GTTC provides a booking platform and tour services only, and expressly disclaims any and all liability related to your interaction with any other Users, during a tour or otherwise, including any theft, loss or damage however caused, to you or your property.

1.3 Entire Agreement; Enforceability; No Waiver; Governing Law; Venue These Terms and any documents referenced herein constitute the entire agreement between the parties relating to the Website and Services and all related activities such as tours. These Terms shall not be modified except by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. 

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The failure of us to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. The Terms of Use shall be governed by the laws of the Province of Ontario without regard to choice of law principles. You and we agree to submit to the personal jurisdiction the court of appropriate jurisdiction in Kingston, Ontario, Canada for any actions.

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1.4 English Language. It is the express wish of the parties that these Terms 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.

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1.5 Termination. We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or any other agreement that you may have with us (including, without limitation, for non-payment of any fees owed in connection with the Services or otherwise owed by you to us), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Website, a tour or any other Service. Any termination pursuant to these Terms of Use by us shall be in addition to any and all other rights and remedies that we may have.

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1.6 Availability & Updates. We may alter, suspend, or discontinue the Website and/or Services at any time and for any reason or no reason, without notice. The Website and/or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials made available through the Services without notice.

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1.7 Security. Information sent or received over the Internet is generally unsecured and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

1.8 LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED HEREIN IN NO EVENT SHALL GTTC BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT (INCLUDING BREACH OF THESE TERMS), TORT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OR ACCESS TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTIONS, LOST OPPORTUNITIES, THEFT, DAMAGE TO OR LOSS OF YOUR PERSONAL PROPERTY, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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EXCEPT AS EXPRESSLY PROVIDED HEREIN GTTC IS NOT RESPONSIBLE FOR (I) LOSSES NOT CAUSED BY OUR BREACH OF CONTRACT OR NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, LOSSES FROM FRAUDULENT TRANSACTIONS AND LOSS, DAMAGE, INJURY OR THEFT OF PERSONAL PROPERTY; (II) THE ACTIONS, INACTIONS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY USER(S) OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OF EXPENSES RESULTING THEREFROM; (III) INDIRECT LOSSES (WHICH MEANS LOSS TO YOU WHICH IS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHERE WE COULD NOT HAVE REASONABLY ANTICIPATED THAT TYPE OF LOSS ARISING AT THE TIME OF ENTERING INTO THIS AGREEMENT); (IV) FAILURE TO PROVIDE OR TO MEET ANY OF OUR OBLIGATIONS UNDER THESE TERMS WHERE SUCH DELAY, CANCELLATION OR FAILURE IS DUE TO EVENTS BEYOND OUR CONTROL (E.G., A NETWORK FAILURE, INTERNET DELAYS, REROUTING ACTS OF ANY GOVERNMENT OR AUTHORITY, ACTS OF NATURE, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, WEATHER, OR ROAD CONDITIONS AND BREAKDOWNS); (V) IF FOR ANY REASON, ALL OR ANY PART OF THE SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD; OR (VII) ANY USER’S BREACH OF ANY APPLICABLE LAW, RULE, REGULATION, BY-LAW; OR (VI) THE BREACH OF ANY REPRESENTATION OR WARRANTY MADE BY A USER IN CONNECTION WITH THE SERVICES.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS EXPRESSLY SET FORTH IN THESE TERMS OR IN ANY SEPARATE WRITTEN AGREEMENT BETWEEN GTTC AND A USER, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS AND/OR YOUR USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR BOOKING OR ATTENDANCE ON ANY TOUR AND/OR ANY RELATED ACTIVITY THROUGH THE SERVICES, OR YOUR INTERACTIONS WITH ANY OTHER USERS THROUGH THE SERVICES OR ARISING FROM YOUR USE OF THE SERVICES) EXCEED THE GREATER OF (1) THE AMOUNT YOU HAVE PAID IN FEES TO GTTC IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE TWELVE-MONTH (12-MONTH) PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (2) FIVE HUNDRED DOLLARS ($500). 

THE FOREGOING LIMITATIONS OF LIABILITY ARE FUNDAMENTAL TO THE AGREEMENT BETWEEN YOU AND GTTC AS SET FORTH IN THESE TERMS. 

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1.9 DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ‘AS IS’ AND WE MAKE NO REPRESENTATION, WARRANTY OR CONDITION, EITHER EXPRESSED OR IMPLIED, OR OTHERWISE, INCLUDING ANY REPRESENTATION, WARRANTY OR CONDITION THAT THE WEBSITE, APP, CONTENT OR ANY SERVICES, INCLUDING BUT NOT LIMITED TO THE SPECIFIC SITES AND LOCATIONS THAT MAY FORM A PART OF ANY TOUR, WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS. ANY STATUTORY WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND YOU HEREBY WAIVE THE BENEFIT OF ANY STATUTORY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND THE WEBSITE AND YOUR ATTENDANCE ON ANY TOURS IS ENTIRELY AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GTTC OR THROUGH THE SERVICES OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

1.10 INDEMNITY You shall indemnify, defend, and hold GTTC (including our officers, directors, agents, contractors, servants and employees) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, and/or judgments (collectively “Claims”), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from us by reason of any Claim arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property caused by any act, error or omission, or misconduct by you; (b) violation of any law or regulation by you (including, without limitation, any privacy or personal information protection law or regulation); (c) breach of any warranties or material terms of this Agreement by you (d) your access to or use of the Services; or (d) your interactions with any other user of the Services, before, during of after a Tour.

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SCHEDULE "A"

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TOUR AGREEMENT

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1. Guide/Driver (“GD”) gratuity is not included in the tour contract price rather, it is left to your discretion on the day of service.

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2. The client(s) assume full responsibility/financial liability for any damage to the van caused during the duration of the tour by them or any member(s) of their party. 

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3. Fees are refundable with at least five (5) business dates notice, until seventy two (72) hours before the scheduled start of the tour. Otherwise fees are kept as a credit towards future tour bookings. 

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4. Bookings are not completed until fees are received in full.

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5. Fees are to be paid via e-transfer or credit card at the time of the booking, and in any event, at least forty eight (48) hours in advance of the pickup time.

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6. Cancellations made less than seventy two (72) hours prior to pickup are subject to a 50% cancellation fee. 

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7. Good Time Tour Company Inc. will endeavour to find a replacement vehicle should your van suffer a mechanical breakdown while on charter otherwise a refund will be provided for the cost of the tour. 

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8. Clients are responsible for their garbage and cleanliness of the van. A sanitation fee of up to $500 will apply should the van be left in a disorderly state. 

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9. Alcohol consumption and drug use in the van are prohibited by law. Smoking in the van is strictly forbidden. Clients are solely liable for all penalties and/or fines they may receive. The GD has the right to terminate a tour without refund if there is non compliance on the part of the client(s) with any laws or regulations.

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10. Overtime pay for the GD is pro-rated at $150 per hour and will begin 15 minutes after the agreed-upon drop-off time, should the extended time for the tour be at the request of or caused by the client(s). 

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11. Good Time Tour Company Inc. is not responsible for delays caused by traffic, weather or unsafe road conditions. We reserve the right to terminate or change the itinerary after analyzing road, traffic and/or driving conditions. Should this occur clients will be entitled to a pro-rated refund or credit.

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12. Code of Conduct - Good Time Tour Company Inc. asks that you and your group be respectful of other guests that may be in your group along with other patrons of the wineries and restaurants you may be visiting. We reserve the right to ask any individual disrupting a tour to modify their behaviour, and in certain situations remove the individual or whole group from the tour. In this instance, the person/s removed from the tour will be responsible for seeking transportation back to their hotel, home or start location and no refund will be given for any part of the tour missed.

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13. Waiver of Liability - In order to participate in any trips, tours and other activities with Good Time Tour Company Inc. by the acts of registering and paying for our services, you hereby agree that you will not make a claim against Good Time Tour Company Inc. and that you give up the right to sue for any injuries or damages howsoever caused. 

You acknowledge that the activities arranged by Good Time Tour Company Inc. involve inherent risks and dangers that may cause serious injury and possible death to participants. 

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You agree that you fully understand the risks and dangers associated with the participation of your group in the activities arranged by Good Time Tour Company Inc. and you and ALL members of your group accept them at their own risk. 

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ALL members of your group will be required to review and sign to indicate the acceptance of these Terms of Use the day of the tour and prior to boarding the van.

14. You also agree that these Terms of Use limit the liability of the Good Time Tour Company Inc., and to the same extent limits the liability of all directors, officers, shareholders, together with all contractors, agents, volunteers and employees of Good Time Tour Company Inc. even though they are not formal parties to this agreement. 

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​15. Good Time Tour Company Inc. reserves the right to change the departure time of your tour. If we do so we will provide a minimum of 24 hours’ notice. You agree to monitor emails from us made to the address provided on the reservation form for updates in the lead up to your tour date. We also reserve the right to change any routes, schedules, wineries, or restaurants planned to be visited during your tour without notice should situations arise where this is necessary. All reasonable efforts will be made to honour the originally communicated plan. 

​16. By participating in the activities organized by Good Time Tour Company Inc., you accept that any personal property left in any vehicle or at any location throughout the tour can only be returned (should it be found) at the sole expense of the client. Good Time Tour Company Inc. is not responsible for any lost property throughout the duration of the tour.