Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services provided by Maple Grove Garden Co. ("Maple Grove Garden Co.", "we", "us", or "our"). By requesting, booking, purchasing, or using our services, you agree to be bound by these Terms. If you do not agree, you must not use our services.
1. Introduction and Acceptance of Terms
These Terms constitute a legally binding agreement between you and Maple Grove Garden Co. regarding the provision of garden and landscaping services in Canada. By contacting us for a quote, scheduling work, approving an estimate, making a payment, or allowing our team to perform services at your property, you acknowledge that you have read, understood, and agreed to these Terms.
If you are entering into these Terms on behalf of another person or entity, you represent and warrant that you have the authority to bind that person or entity to these Terms.
2. Scope of Services
Maple Grove Garden Co. provides garden and outdoor property maintenance services, which may include, without limitation:
- Garden design and planting
- Lawn care and edging
- Seasonal cleanups
- Mulching and soil improvement
- Pruning and hedge trimming
- Weed control and bed maintenance
Any services not expressly included in a written estimate, proposal, work order, or service agreement are excluded unless agreed to in writing by both parties. We may refuse, suspend, or modify services where site conditions, weather, safety concerns, access issues, or legal restrictions make performance impractical or unsafe.
All service dates and timelines are estimates unless expressly stated otherwise. Weather, supply availability, seasonal conditions, and unforeseen site conditions may affect scheduling and completion.
3. User Obligations and Responsibilities
You agree to:
- Provide accurate and complete information about the property, requested services, and any known hazards or restrictions;
- Ensure safe and reasonable access to the property, including gates, pathways, water access, and parking where required;
- Obtain any necessary permissions, approvals, permits, or consents from landlords, condominium corporations, municipalities, or other third parties;
- Notify us in advance of underground utilities, irrigation systems, pet hazards, fragile structures, protected plants, or other conditions that may affect the work;
- Remove or secure valuables, fragile items, personal property, decorations, and obstacles from work areas unless otherwise agreed;
- Ensure pets, children, and other persons are kept away from active work areas for safety;
- Review and approve estimates, change orders, and scope adjustments promptly;
- Pay all fees and charges when due.
You acknowledge that garden and landscaping work may involve natural variability and that results may be affected by soil conditions, weather, plant health, pests, disease, watering practices, and maintenance after service completion.
4. Payment Terms and Conditions
Unless otherwise agreed in writing, all fees are due in accordance with the estimate, invoice, or service agreement provided by Maple Grove Garden Co.
- Estimates are based on the information available at the time and may be revised if the scope changes or site conditions differ from those disclosed.
- We may require a deposit before scheduling or commencing work, particularly for larger projects, custom materials, or seasonal bookings.
- Payment is due upon completion of services or upon receipt of invoice, unless a different payment schedule is specified in writing.
- Late payments may be subject to interest at the maximum rate permitted by applicable law, together with reasonable collection costs.
- You are responsible for all applicable taxes, including GST/HST, unless otherwise stated.
- If payment is declined, reversed, or disputed without valid cause, we may suspend services and recover associated fees and costs to the extent permitted by law.
We may update pricing from time to time. Any price changes will not affect services already accepted in writing unless the scope changes or unforeseen conditions require additional work.
5. Cancellation and Refund Policy
You may cancel or reschedule a service by providing reasonable notice. Cancellation terms may vary depending on the type of service, materials ordered, labor scheduled, and seasonal timing.
- For standard services, cancellations made with sufficient notice may not incur a fee.
- If cancellation occurs after materials have been ordered, labor has been scheduled, or work has begun, you may be responsible for costs incurred up to the date of cancellation.
- Deposits may be non-refundable to the extent they cover administrative costs, reserved labor, custom materials, or special-order items, unless otherwise required by law.
- If we must cancel or reschedule due to weather, safety, supply issues, or other operational reasons, we will make reasonable efforts to offer an alternative date.
Refunds, if any, are issued only where required by law or where we determine, in our reasonable discretion, that a refund is appropriate. Completed services are generally non-refundable. Natural outcomes, including plant performance, lawn recovery, or weed regrowth, are not grounds for a refund unless a specific written guarantee applies.
6. Liability Limitations
To the fullest extent permitted by applicable Canadian law, Maple Grove Garden Co. shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of use, loss of enjoyment, loss of profits, or loss of business opportunities, arising from or related to our services.
Without limiting the foregoing, we are not responsible for:
- Pre-existing property conditions, hidden defects, or structural issues;
- Damage caused by underground utilities, irrigation systems, drainage systems, or other concealed installations not properly disclosed;
- Plant failure due to weather, pests, disease, soil conditions, watering practices, or improper aftercare;
- Delays caused by weather, supply shortages, traffic, labor availability, or events beyond our control;
- Loss or damage to items left in work areas contrary to these Terms.
Our total liability for any claim arising out of or relating to the services shall not exceed the amount paid by you for the specific service giving rise to the claim, except where such limitation is prohibited by law. Nothing in these Terms limits liability that cannot be excluded under applicable law, including liability for gross negligence, wilful misconduct, or other non-excludable obligations.
7. Intellectual Property Rights
All content created or provided by Maple Grove Garden Co., including service descriptions, written materials, designs, plans, concepts, drawings, photographs, and other deliverables, remains our property or the property of our licensors unless otherwise agreed in writing.
Upon full payment, you are granted a limited, non-exclusive, non-transferable license to use any final deliverables provided to you solely for the purpose for which they were created at your property. You may not reproduce, distribute, modify, or use our materials for commercial purposes without our prior written consent.
We may photograph completed work for portfolio, marketing, insurance, or record-keeping purposes, provided that any personal information is handled in accordance with applicable privacy laws. If you do not wish identifiable images of your property to be used publicly, you may notify us in writing, and we will make reasonable efforts to accommodate your request.
8. Data Protection and Privacy
Maple Grove Garden Co. collects, uses, and discloses personal information only as necessary to provide services, manage bookings, process payments, communicate with you, 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), where applicable.
Personal information may include your name, address, contact details, service preferences, payment information, property access details, and communications with us. We take reasonable administrative, technical, and physical safeguards to protect personal information against unauthorized access, use, or disclosure.
We may share personal information with service providers, payment processors, subcontractors, or advisors only as reasonably necessary to perform our services or comply with law. Where required by law, you may request access to or correction of your personal information by contacting us using the details below.
9. Force Majeure
We shall 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 but not limited to severe weather, storms, flooding, fire, labor disputes, supply chain disruptions, power outages, government action, public health emergencies, transportation disruptions, or acts of God.
In such circumstances, performance will be suspended for the duration of the event, and we will make reasonable efforts to resume services as soon as practicable.
10. Changes to Terms
Maple Grove Garden Co. may update or modify these Terms from time to time to reflect changes in our services, business practices, or applicable law. The updated Terms will be effective when posted or otherwise communicated to you, unless a later effective date is stated.
Your continued use of our services after any changes become effective constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our services.
11. Applicable Law and Jurisdiction
These Terms are governed by 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 any dispute arising out of or relating to these Terms or our services shall be brought exclusively in the courts located in Ontario, Canada, unless applicable law requires otherwise. Nothing in this section limits any rights you may have under mandatory consumer protection laws or other non-waivable legal rights.
12. Contact Information
If you have any questions, concerns, complaints, or requests regarding these Terms or our services, please contact:
Maple Grove Garden Co.
2148 Yonge Street, Toronto, ON M4S 2A7, Canada
Email: [email protected]
Phone: +1 (416) 782-9463
13. Severability Clause
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or competent authority, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. If any invalid or unenforceable provision can be modified to make it valid and enforceable, it shall be interpreted accordingly to best reflect the original intent of the parties to the extent permitted by law.
By using the services of Maple Grove Garden Co., you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.