1. Introduction and acceptance of terms
These Terms of Service (“Terms”) govern the provision of garden-related services by Maple Leaf Garden Works Ltd. (“Maple Leaf Garden Works Ltd.”, “we”, “us”, or “our”) to customers (“you” or “Client”). By requesting, booking, scheduling, authorizing, or permitting Maple Leaf Garden Works Ltd. to perform any services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with any written estimate, work order, invoice, service agreement, or other terms expressly incorporated by reference.
If you do not agree to these Terms, you must not use our services. These Terms apply to all services provided by Maple Leaf Garden Works Ltd., including without limitation garden design and planting, lawn and garden maintenance, seasonal cleanups, mulching and soil improvement, hedge trimming and pruning, weed control and bed care, and irrigation system checks.
2. Scope of services
Maple Leaf Garden Works Ltd. provides professional outdoor garden and landscape maintenance and related services. The specific scope, timing, frequency, materials, and pricing of services will be described in the applicable estimate, quote, proposal, work order, invoice, or service agreement.
- Garden design and planting: planning, selection, and installation of plants and garden features as agreed.
- Lawn and garden maintenance: routine upkeep, seasonal care, and general maintenance of gardens and landscaped areas.
- Seasonal cleanups: spring and fall cleanup services, including removal of debris, leaves, and dead plant material.
- Mulching and soil improvement: application of mulch, compost, soil amendments, and related materials.
- Hedge trimming and pruning: trimming and pruning of shrubs, hedges, and similar plantings in a horticulturally appropriate manner.
- Weed control and bed care: manual and/or approved treatment-based weed management and garden bed maintenance.
- Irrigation system checks: visual inspections and basic operational checks of irrigation systems, without guaranteeing repair unless expressly agreed in writing.
We reserve the right to decline or discontinue any service that, in our professional judgment, is unsafe, impracticable, illegal, or outside our expertise or licensing, if any, as applicable.
3. User obligations and responsibilities
You agree to provide accurate, complete, and timely information necessary for us to perform the services safely and effectively. You are responsible for the following:
- Ensuring access to the property at the agreed time and date.
- Providing notice of any known hazards, underground utilities, irrigation lines, pets, fragile structures, restricted areas, or site conditions that may affect service delivery.
- Securing or removing valuables, personal property, decorations, furniture, vehicles, and other items that may be damaged or obstruct service.
- Obtaining any required permissions, approvals, or consents from landlords, condominium boards, municipalities, or other third parties before services begin.
- Ensuring that all plants, materials, or products supplied by you are suitable for the intended use and site conditions unless we expressly agree otherwise in writing.
- Complying with all applicable laws, bylaws, and property rules related to the use and condition of the property.
You acknowledge that horticultural services may involve natural variability and that results may be affected by weather, soil conditions, water availability, pests, disease, and other factors outside our control. Unless expressly included in writing, we do not guarantee plant survival, bloom performance, turf condition, or long-term results.
4. Payment terms and conditions
Fees for services will be set out in the applicable estimate, quote, invoice, or service agreement. Unless otherwise stated in writing:
- All prices are in Canadian dollars (CAD).
- Applicable taxes, including HST/GST and other lawful charges, will be added where required.
- Estimates are subject to adjustment if site conditions, client requests, material costs, or service scope change.
- Invoices are payable upon receipt or within the payment period stated on the invoice.
- We may require a deposit, retainer, or advance payment before scheduling or commencing work.
- Late payments may accrue interest at the maximum rate permitted by applicable law, or if no such rate is specified, at a reasonable commercial rate stated on the invoice or agreement.
If payment is not received when due, we may suspend services, withhold future work, charge reasonable collection costs, and/or pursue all other remedies available at law or in equity. You are responsible for any fees charged by your financial institution or payment provider. Any disputes regarding an invoice must be raised in writing within a reasonable time after receipt.
5. Cancellation and refund policy
Appointments and recurring service schedules may be cancelled or rescheduled by either party upon reasonable notice, subject to the terms below and any written service agreement:
- Cancellations made with sufficient advance notice may not incur a fee, unless a non-refundable deposit or special-order material has already been committed.
- Late cancellations or missed appointments may be subject to a cancellation fee to cover labour, travel, material preparation, or administrative costs.
- If we arrive and cannot perform the service due to lack of access, unsafe conditions, or your failure to meet your obligations, the visit may be treated as a late cancellation or charged as a service call.
- Refunds are generally not provided for services already performed, completed work, perishable materials, or custom materials ordered specifically for your project, except where required by law or expressly agreed in writing.
- If we cancel a service and no replacement date is acceptable, any prepaid amount for the cancelled portion of the service will be refunded, subject to lawful deductions for work already completed or materials already supplied.
Seasonal or recurring service plans may require written notice of termination in advance, as specified in the relevant agreement. Any refund, if applicable, will be calculated fairly and in accordance with the Consumer Protection Act, 2002 (Ontario) and other applicable law.
6. Liability limitations
To the fullest extent permitted by applicable law, Maple Leaf Garden Works Ltd. 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 opportunity, arising from or related to the services or these Terms.
Without limiting the foregoing, we are not responsible for damage or loss arising from:
- pre-existing conditions, hidden defects, unstable surfaces, or undisclosed hazards;
- natural causes, severe weather, drought, flooding, pests, disease, or invasive species;
- failure of plants, turf, soil amendments, or irrigation systems due to site conditions or factors beyond our control;
- your instructions, selections, or decisions regarding plant species, materials, or maintenance practices;
- work performed by third parties, including prior contractors, utility providers, or homeowners;
- your failure to follow care instructions provided by us after completion of services.
Our total aggregate liability for any claim arising out of or relating to the services or these Terms shall be limited, to the extent permitted by law, to the amount actually paid by you to Maple Leaf Garden Works Ltd. for the specific service giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, wilful misconduct, or other liability that cannot legally be excluded.
You agree to notify us promptly of any alleged issue or damage and to permit reasonable inspection and mitigation opportunities before undertaking repairs by a third party, except where immediate action is required to prevent further damage or comply with law.
7. Intellectual property rights
Unless otherwise agreed in writing, all pre-existing intellectual property, tools, methods, templates, workflows, drawings, proposals, concepts, know-how, and service materials used or developed by Maple Leaf Garden Works Ltd. remain our property or the property of our licensors.
Any garden design concepts, sketches, planting plans, recommendations, or other deliverables provided by us may be used by you solely for the intended property and purpose for which they were created. You may not reproduce, sell, distribute, or use our materials for other properties or commercial purposes without our prior written consent.
You grant us a non-exclusive right to use photographs or descriptions of completed work for internal records, quality control, training, and marketing purposes, provided that we will make reasonable efforts to avoid disclosing personal information or identifiable details without your consent where required by law.
8. Data protection and privacy
Maple Leaf Garden Works Ltd. collects, uses, discloses, and retains personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, provincial privacy legislation.
We may collect personal information such as your name, address, contact details, billing information, service preferences, property access instructions, and communications with us for the purposes of:
- providing and scheduling services;
- processing payments and maintaining accounting records;
- communicating with you about estimates, work orders, service updates, and invoices;
- managing customer relationships and service quality;
- meeting legal, tax, and regulatory requirements.
We take reasonable safeguards to protect personal information against loss, theft, unauthorized access, disclosure, copying, use, or modification. 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 necessary to provide the services and as otherwise permitted or required by law. For privacy-related inquiries, you may contact us using the information below.
9. Force majeure
Maple Leaf Garden Works Ltd. shall not be liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to extreme weather, storms, flooding, fire, labour disruptions, supply shortages, transportation disruptions, power outages, acts of government, public health emergencies, utility interruptions, or other force majeure events.
If a force majeure event occurs, we may postpone, reschedule, or suspend services for the duration of the event and for a reasonable recovery period thereafter. Where possible, we will provide notice and work with you to arrange an alternative date.
10. Changes to terms
We may revise these Terms from time to time to reflect changes in our business practices, services, legal requirements, or operational needs. The updated Terms will be effective when posted, provided to you, or otherwise communicated, unless a different effective date is stated.
Your continued use of our services after any update constitutes acceptance of the revised Terms, to the extent permitted by law. If you do not agree to the revised Terms, you must stop using our services and, where applicable, notify us of your decision not to proceed with future services.
11. Applicable law and jurisdiction
These Terms, and any dispute arising from or related to them, 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.
Subject to any mandatory consumer protection or other non-waivable legal rights, the parties submit to the exclusive jurisdiction of the courts located in Ontario, Canada, for the resolution of any dispute arising out of or relating to these Terms or the services provided by Maple Leaf Garden Works Ltd.
12. Contact information
For questions, notices, complaints, cancellation requests, refund inquiries, or privacy concerns, please contact Maple Leaf Garden Works Ltd. using the details below:
Maple Leaf Garden Works Ltd.
2455 Regina Street, Unit 8
Burlington, ON L7R 3S5
Canada
Email: [email protected]
Phone: +1 (905) 637-4829
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 or limited to the minimum extent necessary so that the remaining provisions remain in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the rest of these Terms.
By engaging Maple Leaf Garden Works Ltd. for services, you acknowledge that you have read, understood, and agree to these Terms of Service.