Terms of Service

1. Introduction and acceptance of terms

These Terms of Service ("Terms") govern the provision of garden services by Maple Crest Garden Services Ltd. ("Company," "we," "us," or "our") to any customer, client, or website visitor ("you" or "Client"). By requesting, scheduling, accepting, or paying for any services, or by otherwise engaging with our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use or accept our services. These Terms apply to all service engagements unless expressly superseded by a separate written agreement signed by Maple Crest Garden Services Ltd.

2. Scope of services

Maple Crest Garden Services Ltd. provides residential and/or commercial garden services, which may include, without limitation:

All services are subject to site conditions, weather, access to the property, safety considerations, plant health, local bylaws, and availability of materials. We may recommend alternatives if requested work is not practical, safe, or suitable for the property.

Unless expressly agreed in writing, we do not provide arborist services, pest extermination, structural landscaping, electrical work, plumbing work, or other regulated services requiring specialized licensing.

3. User obligations and responsibilities

You agree to:

You acknowledge that garden and landscape services are affected by living materials, weather, and site conditions, and that outcomes may vary accordingly.

4. Payment terms and conditions

Fees are based on the scope of work, property conditions, labour, materials, equipment, travel, and any special requirements. We may provide estimates, but estimates are not fixed-price offers unless explicitly stated in writing.

Any disputes regarding invoices must be raised in writing within 7 days of receipt. Undisputed portions of the invoice remain payable on time.

5. Cancellation and refund policy

Appointments may be cancelled or rescheduled by either party upon reasonable notice. To help us allocate resources effectively, we request at least 48 hours' notice for cancellations or rescheduling.

Weather-sensitive services may be rescheduled when conditions are unsafe or unsuitable. We will make commercially reasonable efforts to communicate scheduling changes promptly.

6. Liability limitations

To the fullest extent permitted by applicable law, Maple Crest Garden Services Ltd. will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of enjoyment, loss of plant value, or loss of use arising from or related to the services.

We do not guarantee the survival, growth, bloom quality, or long-term condition of any plant, lawn, or garden material, as these outcomes depend on factors outside our control, including weather, soil conditions, irrigation, pests, disease, and client maintenance.

Our total aggregate liability for any claim arising out of or relating to the services, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the total amount paid by you to Maple Crest Garden Services Ltd. for the specific service giving rise to the claim, except where liability cannot be limited under applicable law.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law, including liability for gross negligence, wilful misconduct, or other non-excludable obligations.

7. Intellectual property rights

All content, concepts, designs, plans, drawings, estimates, site notes, photographs, reports, and other materials created or provided by Maple Crest Garden Services Ltd. remain our property or that of our licensors unless otherwise agreed in writing.

Upon full payment, you receive a limited, non-exclusive, non-transferable licence to use any delivered garden design or planting plan solely for the property and purpose for which it was prepared. You may not reproduce, resell, publish, or use our materials for other properties or commercial purposes without prior written consent.

You grant us permission to photograph or document work performed on your property for internal records, quality control, training, insurance, and portfolio/marketing use, provided that we take reasonable steps to avoid disclosing personal information or sensitive identifying details without consent where required by law.

8. Data protection and privacy

Maple Crest Garden Services Ltd. collects, uses, stores, and discloses personal information only as necessary to provide services, manage accounts, communicate with clients, process payments, maintain records, comply with legal obligations, and improve our operations.

We handle personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial privacy legislation. We use reasonable safeguards to protect personal information against unauthorized access, loss, misuse, or disclosure.

By engaging our services, you consent to the collection and use of your personal information for the purposes described above. We may share information with trusted service providers such as payment processors, accounting services, IT providers, or subcontractors, subject to confidentiality and data protection obligations.

If you have questions about our privacy practices or wish to request access to or correction of your personal information, please contact us using the information below.

9. Force majeure

We will not be liable for any delay or failure to perform our obligations where such delay or failure results from events beyond our reasonable control, including acts of God, severe weather, storms, flooding, fire, epidemics, pandemics, labour disputes, power outages, supply shortages, transportation disruptions, government actions, or changes in law.

If a force majeure event occurs, we may suspend services for the duration of the event and make reasonable efforts to reschedule affected work as soon as practicable.

10. Changes to terms

We may revise these Terms from time to time to reflect changes in our business practices, legal requirements, or service offerings. The updated Terms will take effect when posted, provided by email, or otherwise communicated to you, unless a later effective date is stated.

Your continued use of our services after any update constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

11. Applicable law and jurisdiction

These Terms, and any dispute arising out of or relating to them or our 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 conflict of law principles.

You agree that the courts located in Ontario, Canada shall have exclusive jurisdiction over any dispute, claim, or proceeding arising from or related to these Terms or the services, subject to any mandatory consumer protection or other non-waivable rights available under applicable law.

12. Contact information

For questions, concerns, notices, billing inquiries, cancellation requests, or privacy matters, please contact:

Maple Crest Garden Services Ltd.
1450 Queensway E, Unit 24
Mississauga, ON L4X 1C2
Canada
Email: [email protected]
Phone: +1 (905) 684-3792

13. Severability clause

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other competent authority, that provision shall be severed or modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Failure by Maple Crest Garden Services Ltd. to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

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