Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service (the “Terms”) govern your access to and use of the garden design, installation, maintenance, and related services provided by Maple Bloom Garden Co. (“Maple Bloom Garden Co.,” “we,” “us,” or “our”). By requesting, scheduling, purchasing, or receiving any services from Maple Bloom Garden Co., you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

These Terms apply to all clients, property owners, tenants, occupants, and any person acting on behalf of a client who engages Maple Bloom Garden Co. for services in Canada.

2. Scope of Services

Maple Bloom Garden Co. provides garden and outdoor property services, which may include, without limitation:

• Garden design and planning
• Seasonal planting and flower bed installation
• Lawn care and edging
• Pruning and shrub maintenance
• Mulching and soil improvement
• Weed control and garden cleanup
• Irrigation system inspection and adjustments

All services are provided based on the scope agreed in writing, by email, invoice, estimate, work order, or other documented communication. Any work not expressly included in the agreed scope may be treated as additional work and billed separately.

We may recommend plants, materials, treatments, or maintenance practices based on site conditions, seasonality, and general horticultural best practices. However, results may vary due to weather, soil conditions, pests, disease, irrigation, and other factors beyond our control.

3. User Obligations and Responsibilities

You agree to:

• Provide accurate, complete, and current information about the property and requested services;
• Ensure that we have safe and reasonable access to the property, including gates, pathways, water access, and any necessary permissions;
• Disclose known hazards, including underground utilities, irrigation lines, buried cables, unstable structures, toxic plants, pest infestations, or restricted areas;
• Obtain all required permissions, approvals, permits, or consents from landlords, condominium corporations, municipalities, or other third parties before work begins;
• Remove or secure personal property, fragile items, pets, and valuables from work areas;
• Notify us promptly of any concerns, defects, or issues related to our services;
• Use any plants, materials, or recommendations in a lawful and safe manner.

You are responsible for ensuring that the property is suitable for the requested services. Maple Bloom Garden Co. is not responsible for damage caused by undisclosed conditions, pre-existing defects, or inaccurate information provided by you or your representatives.

4. Payment Terms and Conditions

Unless otherwise agreed in writing, fees, deposits, and payment schedules will be set out in our estimate, invoice, or work order. All amounts are in Canadian dollars (CAD) unless stated otherwise.

• A deposit may be required before scheduling or commencing work.
• Invoices are due upon receipt unless a different due date is stated.
• Late payments may be subject to interest at the maximum rate permitted by applicable law, or such lower rate as stated on the invoice.
• You are responsible for all applicable taxes, including GST/HST, unless otherwise required by law.
• Any third-party costs, including materials, disposal fees, permits, delivery charges, or specialty equipment rentals, may be billed to you if disclosed in advance or reasonably necessary to complete the agreed services.

If payment is not received when due, we may suspend or delay services, withhold delivery of completed work, and recover reasonable collection costs permitted by law.

5. Cancellation and Refund Policy

Cancellations must be made within a reasonable time before the scheduled service date. For scheduled work, we may require at least 48 hours’ notice for cancellation or rescheduling, unless otherwise stated in your agreement.

• Deposits may be non-refundable to the extent permitted by law, particularly where materials have been ordered, labour has been reserved, or scheduling costs have been incurred.
• If you cancel after work has begun, you must pay for all services performed, materials used or ordered, and any non-cancellable third-party charges.
• Refunds, if any, will be assessed on a case-by-case basis and may be limited to unused services not yet performed.
• Weather-related delays or changes may require rescheduling. We will make reasonable efforts to complete services as soon as practicable.

Nothing in these Terms limits any consumer rights that cannot be waived under applicable Canadian law.

6. Liability Limitations

To the fullest extent permitted by applicable law, Maple Bloom Garden Co. shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of enjoyment, loss of use, loss of profits, or loss of business opportunities, arising from or related to the services.

Our total liability for any claim arising out of or relating to the services shall not exceed the amount paid by you to Maple Bloom Garden Co. for the specific service giving rise to the claim, except where such limitation is prohibited by law.

We are not responsible for:

• Damage caused by hidden or undisclosed property conditions;
• Damage caused by severe weather, flooding, drought, frost, pests, disease, wildlife, or other natural conditions;
• Failure or malfunction of existing irrigation, drainage, lighting, or landscape systems not installed by us;
• Plant loss or poor performance due to soil conditions, watering practices, climate, or improper aftercare by you or third parties;
• Any injury or damage resulting from your failure to follow our instructions or warnings.

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful, including liability for gross negligence, wilful misconduct, or other liability that cannot be excluded under applicable law.

7. Intellectual Property Rights

All content, designs, plans, drawings, estimates, proposals, photographs, text, graphics, and other materials created or provided by Maple Bloom Garden Co. remain our property or the property of our licensors, unless otherwise agreed in writing.

Upon full payment, you receive a limited, non-exclusive, non-transferable license to use any garden design or planning materials we provide solely for the property and project for which they were created. You may not reproduce, resell, distribute, or use our materials for other properties or projects without our prior written consent.

We may, unless you object in writing, use photographs of completed work for portfolio, marketing, or promotional purposes, provided that we do not intentionally disclose sensitive personal information.

8. Data Protection and Privacy

Maple Bloom Garden Co. collects, uses, and discloses personal information only as reasonably necessary to provide services, manage client relationships, 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) and any applicable provincial privacy legislation.

Personal information may include your name, address, contact details, property access instructions, billing information, and service history. We may share personal information with trusted service providers, contractors, payment processors, or legal authorities where necessary and permitted by law.

We take reasonable administrative, technical, and physical safeguards to protect personal information. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

By using our services, you consent to the collection, use, and disclosure of your personal information as described in this section and in any applicable privacy notice we may provide.

9. Force Majeure

Maple Bloom Garden Co. shall not be liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to severe weather, storms, flooding, fire, strikes, labour shortages, supply chain disruptions, power outages, acts of government, public health emergencies, transportation disruptions, or natural disasters.

If a force majeure event occurs, we may suspend services, modify schedules, or terminate affected work without liability, except for payment obligations for services already performed or materials already ordered.

10. Changes to Terms

We may update or modify these Terms from time to time to reflect changes in our services, business practices, or applicable law. The revised Terms will be effective when posted, communicated to you, or otherwise made available, 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 and any dispute arising out of or relating to them, the services, or the relationship between you and Maple Bloom Garden Co. shall be 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 the courts located in Toronto, Ontario 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 rights or other non-waivable legal rights that may apply.

12. Contact Information

If you have questions, concerns, or notices regarding these Terms or our services, please contact us at:

• Maple Bloom Garden Co.
• 2450 Yonge Street, Toronto, ON M4P 2H5, Canada
• Email: [email protected]
• Phone: +1 (416) 782-5943

13. Severability Clause

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

By engaging Maple Bloom Garden Co. for services, you acknowledge that you have read, understood, and agree to these Terms of Service.