Terms of Service

These Terms of Service (“Terms”) govern the provision and use of services offered by Maple Leaf Garden Works (“Maple Leaf Garden Works,” “we,” “us,” or “our”), located at 2450 Yonge Street, Toronto, ON M4P 2H5, Canada. By requesting, booking, receiving, or paying for any of our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms.

1. Introduction and Acceptance of Terms

These Terms form a legally binding agreement between you and Maple Leaf Garden Works for garden and landscaping-related services. If you do not agree to these Terms, you must not use or request our services.

By confirming a booking, approving a quote, allowing us to commence work, or otherwise engaging our services, you acknowledge that you have read, understood, and accepted these Terms.

2. Scope of Services

Maple Leaf Garden Works provides garden and outdoor property services, which may include, without limitation:

• Garden design and planning;
• Lawn and garden maintenance;
• Seasonal planting and flower bed installation;
• Tree and shrub trimming;
• Mulching and soil improvement;
• Irrigation system setup and repair; and
• Spring and fall cleanups.

All services are subject to site conditions, weather, seasonal availability, access limitations, and any applicable municipal, provincial, or federal laws, bylaws, permits, or restrictions. We may refuse or modify services where conditions are unsafe, unlawful, or impractical.

Any estimates, proposals, or quotes provided by us are based on the information available at the time and may be revised if site conditions, scope, materials, or client instructions change.

3. User Obligations and Responsibilities

You agree to:

• Provide accurate, complete, and current information relevant to the requested services;
• Ensure safe and reasonable access to the property, including gates, driveways, water access, electrical access if needed, and any required entry instructions;
• Disclose known hazards, including underground utilities, irrigation lines, unstable structures, pest infestations, hazardous materials, or protected plants/trees;
• Obtain any necessary permissions from landlords, condominium boards, property managers, neighbours, or other third parties before work begins;
• Secure pets, children, valuables, and fragile items before service delivery;
• Comply with all applicable laws, bylaws, and property rules related to the services;
• Review completed work promptly and notify us of any concerns within a reasonable time; and
• Pay all amounts due in accordance with these Terms and any agreed quote or invoice.

You are responsible for the condition of your property and for identifying any hidden or underground hazards. We are not responsible for damage caused by undisclosed conditions, defective infrastructure, or pre-existing issues.

4. Payment Terms and Conditions

Unless otherwise agreed in writing, fees are due in accordance with the invoice or quote provided by Maple Leaf Garden Works. We may require a deposit before scheduling or commencing work, particularly for larger projects, seasonal installations, or material purchases.

• All prices are stated in Canadian dollars (CAD) unless otherwise indicated;
• Applicable taxes, including GST/HST and any other required taxes, will be added where applicable;
• Material costs, disposal fees, permit fees, and third-party charges may be billed separately unless expressly included in the quote;
• Additional work requested by the Client or required due to unforeseen conditions may result in extra charges;
• Invoices are payable by the due date stated on the invoice;
• Late payments may be subject to interest or administrative fees to the extent permitted by law and disclosed on the invoice or quote.

If payment is not received when due, we may suspend or withhold services, cancel scheduled work, and/or pursue collection of outstanding amounts, subject to applicable law.

5. Cancellation and Refund Policy

We understand that schedules may change. If you need to cancel or reschedule a service, you should notify us as soon as possible using the contact information below.

• For recurring maintenance services, cancellation may require advance notice as specified in your service agreement or invoice;
• For one-time projects, cancellations made after materials have been ordered, work has begun, or staff have been scheduled may be subject to charges for labour, materials, restocking, and administrative costs;
• Deposits may be non-refundable to the extent they cover scheduling, planning, materials, or mobilization costs, unless otherwise required by law;
• Refunds, if any, will be assessed on a case-by-case basis and may be limited to services not yet performed and costs not yet incurred.

Weather-related delays, unsafe site conditions, or circumstances beyond our control may require rescheduling. In such cases, we will make reasonable efforts to arrange a new service date.

6. Liability Limitations

To the fullest extent permitted by applicable Canadian law, Maple Leaf Garden Works shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of use, loss of enjoyment, loss of profits, or business interruption, arising out of or related to our services or these Terms.

Our total liability for any claim arising from or relating to the services shall be limited to the amount paid by you for the specific service giving rise to the claim, except where such limitation is prohibited by law.

We are not responsible for:

• Pre-existing damage, hidden defects, or structural issues on the property;
• Damage caused by undisclosed utilities, irrigation systems, roots, rocks, debris, or underground obstructions;
• Damage resulting from acts or omissions of the Client, third parties, or property occupants;
• Plant loss or poor performance due to weather, soil conditions, pests, disease, improper watering, neglect, or other factors beyond our control;
• Delays or non-performance caused by force majeure events or unsafe conditions.

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

Unless otherwise agreed in writing, all designs, plans, concepts, drawings, estimates, photographs, written materials, and other deliverables created by Maple Leaf Garden Works remain our intellectual property until full payment has been received, to the extent permitted by law.

Upon full payment, the Client receives a non-exclusive, non-transferable licence to use the deliverables for the intended property and project purpose. This licence does not permit resale, publication, or commercial reuse of our materials without our prior written consent.

We may, unless you object in writing, use photographs or descriptions of completed work for portfolio, marketing, or promotional purposes, provided that any personal information is handled in accordance with applicable privacy laws.

8. Data Protection and Privacy

Maple Leaf Garden Works collects, uses, and discloses personal information only as reasonably necessary to provide services, manage client accounts, process payments, communicate with you, comply with legal obligations, and improve our business operations.

We will handle personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), where applicable, and any applicable provincial privacy legislation.

By engaging our services, you consent to the collection, use, and disclosure of your personal information for the purposes described above. We may share information with third-party service providers, such as payment processors, scheduling tools, or subcontractors, only as necessary to deliver services or operate our business, subject to appropriate safeguards.

You may contact us using the details below to request access to or correction of your personal information, subject to legal limitations.

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, wildfire, ice, labour disputes, power outages, supply shortages, transportation disruptions, government actions, public health emergencies, or acts of God.

In the event of a force majeure occurrence, we may suspend, reschedule, or modify services as reasonably necessary. We will use commercially reasonable efforts to resume performance as soon as practicable.

10. Changes to Terms

Maple Leaf Garden Works 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 upon posting or upon notice to you, as applicable.

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 discontinue use of our services.

11. Applicable Law and Jurisdiction

These Terms and any dispute arising out of or relating to them, or to the services provided by Maple Leaf Garden Works, 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 Toronto, Ontario shall have exclusive jurisdiction over any dispute, claim, or proceeding arising from or relating to these Terms or our services, except where applicable law requires otherwise.

12. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms or our services, please contact Maple Leaf Garden Works using the information below:

• Company: Maple Leaf Garden Works
• Address: 2450 Yonge Street, Toronto, ON M4P 2H5, Canada
• Email: [email protected]
• Phone: +1 (416) 782-5946

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.

Any failure by Maple Leaf Garden Works to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless expressly stated in writing.

By engaging the services of Maple Leaf Garden Works, you acknowledge that you have read, understood, and agreed to these Terms of Service.