These Terms of Service govern the use of the garden services provided by Maple Leaf Garden Services Ltd. By booking, accepting, or receiving any services from Maple Leaf Garden Services Ltd., you agree to be bound by these Terms of Service.
1. Introduction and Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you (“Client”, “you”, or “your”) and Maple Leaf Garden Services Ltd. (“Company”, “we”, “us”, or “our”). These terms apply to all services offered by Maple Leaf Garden Services Ltd. in Canada, including any estimates, quotations, invoices, service agreements, and communications related to our services.
By requesting a quote, scheduling a service, confirming an order, or permitting Maple Leaf Garden Services Ltd. to commence work, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you do not agree, you must not use or accept our services.
2. Scope of Services
Maple Leaf Garden Services Ltd. provides garden-related maintenance and care services, which may include, without limitation:
- Garden bed maintenance
- Seasonal cleanup
- Tree and shrub pruning
- Planting and mulching
- Lawn edging and border care
- Weed control and removal
- Irrigation system checks
Services are provided based on the condition of the property, weather conditions, seasonal availability, site access, and any scope agreed in writing or verbally at the time of booking. Any work outside the agreed scope may require additional charges and prior approval by the Client.
Unless expressly stated otherwise, Maple Leaf Garden Services Ltd. does not guarantee the survival, growth, health, or future condition of any plants, turf, shrubs, trees, or landscape features, as outcomes may depend on environmental factors, soil conditions, pest activity, irrigation, pre-existing damage, and third-party actions.
3. User Obligations and Responsibilities
The Client agrees to the following responsibilities:
- Provide accurate and complete information regarding the property, access, requested services, and any known hazards.
- Ensure that the service area is accessible and reasonably safe for work to begin and continue.
- Remove or secure personal items, fragile items, valuables, pet waste, and other obstacles from service areas before work commences.
- Disclose the presence of underground utilities, irrigation components, hidden obstacles, pesticides, chemicals, or other site-specific risks.
- Obtain all necessary permissions from landlords, tenants, condo boards, property managers, or other third parties before services are performed.
- Ensure pets, children, and unauthorized persons remain clear of the work area during service delivery.
- Promptly inspect completed work and notify us of any concerns within a reasonable time after service completion.
The Client acknowledges that failure to fulfill these obligations may result in delays, incomplete services, additional charges, or suspension of work. Maple Leaf Garden Services Ltd. shall not be liable for damage caused by undisclosed hazards, inadequate access, or unsafe site conditions not reasonably within our control.
4. Payment Terms and Conditions
All fees are due in accordance with the quotation, invoice, or written agreement provided by Maple Leaf Garden Services Ltd. Unless otherwise specified, payment is due upon completion of the service or within the timeframe stated on the invoice.
- Prices may be quoted on an hourly basis, fixed-fee basis, per visit, or as part of a recurring service arrangement.
- Any estimate provided is based on the information available at the time and may change if site conditions differ from what was disclosed.
- Additional charges may apply for extra labour, special equipment, disposal fees, emergency visits, difficult access, or changes requested by the Client.
- Applicable taxes, including GST/HST and any other required taxes, will be added where required by law.
- Late payments may be subject to administrative fees, interest, collection costs, or suspension of future services, to the extent permitted by law.
Maple Leaf Garden Services Ltd. reserves the right to request deposits or advance payment for certain services, seasonal bookings, or recurring maintenance plans. Services may be withheld or rescheduled if payment arrangements are not satisfied.
5. Cancellation and Refund Policy
The Client may cancel or reschedule a service by providing reasonable notice. Where possible, we ask that cancellation requests be made at least 24 hours in advance. Missed appointments, same-day cancellations, or cancellations after crews have been dispatched may be subject to a cancellation fee.
If Maple Leaf Garden Services Ltd. must cancel or reschedule due to weather, safety concerns, equipment failure, staffing issues, or circumstances beyond our control, we will make reasonable efforts to provide an alternative date and time.
Refunds, if any, will be considered on a case-by-case basis and only where services were not performed, were materially incomplete due to our fault, or where required by applicable law. No refund will be provided for completed work that was performed in accordance with the agreed scope, including where results were affected by pre-existing site conditions, weather, plant health, or factors outside our control.
Any refund, credit, or adjustment approved by Maple Leaf Garden Services Ltd. does not constitute an admission of liability.
6. Liability Limitations
To the maximum extent permitted by applicable law, Maple Leaf Garden Services Ltd. shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of opportunity, loss of enjoyment, loss of use, or property damage arising from factors beyond our reasonable control.
Without limiting the foregoing, Maple Leaf Garden Services Ltd. is not responsible for:
- Pre-existing damage, hidden defects, or structural issues on the property;
- Underground utilities, irrigation lines, cables, pipes, roots, or other concealed obstacles not disclosed by the Client;
- Damage caused by weak, diseased, overgrown, or unstable trees, shrubs, plants, or landscape features;
- Damage resulting from the Client’s failure to provide accurate information or safe access;
- Losses caused by weather events, pests, disease, vandalism, theft, fire, flooding, or other force majeure events;
- Any third-party products, materials, or services not supplied by Maple Leaf Garden Services Ltd.
Where liability cannot be excluded by law, Maple Leaf Garden Services Ltd.’s total aggregate liability for any claim arising out of or relating to the services shall be limited to the amount actually paid by the Client for the specific service giving rise to the claim, except where otherwise required by applicable law.
Nothing in these Terms of Service shall limit liability where such limitation is prohibited under applicable Canadian law, including liability that cannot legally be excluded for gross negligence, wilful misconduct, or other non-excludable obligations.
7. Intellectual Property Rights
All intellectual property rights relating to Maple Leaf Garden Services Ltd.’s website content, service descriptions, graphics, logos, photographs, templates, written materials, pricing structures, processes, and branded materials are owned by or licensed to Maple Leaf Garden Services Ltd. and are protected by applicable intellectual property laws.
The Client may not reproduce, copy, distribute, modify, publish, transmit, reverse engineer, or commercially exploit any of our intellectual property without prior written consent from Maple Leaf Garden Services Ltd.
Any deliverables, written reports, or materials specifically created for the Client remain the property of Maple Leaf Garden Services Ltd. until all outstanding amounts are paid in full, unless otherwise agreed in writing. No intellectual property rights are transferred to the Client except as expressly set out in writing.
8. Data Protection and Privacy
Maple Leaf Garden Services Ltd. collects, uses, and discloses personal information only as necessary to provide services, manage bookings, issue invoices, communicate with Clients, maintain business records, comply with legal obligations, and improve service quality.
We take reasonable administrative, technical, and physical safeguards to protect personal information against unauthorized access, use, disclosure, or loss. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
By engaging our services, you consent to the collection, use, and disclosure of your personal information for legitimate business purposes and as otherwise permitted or required by applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) or equivalent provincial laws where applicable.
For privacy-related inquiries, you may contact us using the information provided in Section 12.
9. Force Majeure
Maple Leaf Garden Services Ltd. shall not be liable for any delay, failure, or interruption in performance resulting from events beyond our reasonable control, including but not limited to severe weather, storms, snow, ice, flooding, fire, labour disruptions, supply shortages, power outages, acts of God, governmental actions, public health emergencies, transportation interruptions, vandalism, civil unrest, or other unforeseen events.
In the event of force majeure, service dates may be postponed, rescheduled, modified, or cancelled without liability, and any affected obligations shall be suspended for the duration of the event to the extent reasonably necessary.
10. Changes to Terms
Maple Leaf Garden Services Ltd. may update or modify these Terms of Service from time to time to reflect operational, legal, regulatory, or business changes. The updated version will be effective upon posting, issuing, or otherwise communicating the revised terms, unless a later effective date is stated.
Continued use of our services after any changes constitutes acceptance of the updated Terms of Service. If the Client does not agree to the revised terms, the Client must discontinue use of the services and notify us before the next scheduled service date.
11. Applicable Law and Jurisdiction
These Terms of Service 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.
Any dispute arising out of or relating to these Terms of Service or the services provided by Maple Leaf Garden Services Ltd. shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada, unless applicable law requires otherwise.
12. Contact Information
If you have any questions, concerns, complaints, or requests regarding these Terms of Service or our services, please contact:
Maple Leaf Garden Services Ltd.
2456 Yonge Street
Toronto, ON M4P 2H5
Canada
Email: [email protected]
Phone: +1 (416) 782-4958
13. Severability Clause
If any provision of these Terms of Service is found to be invalid, unlawful, unenforceable, or contrary to applicable law by a court of competent jurisdiction, that provision shall be severed or limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.
The failure of Maple Leaf Garden Services Ltd. to enforce any right or provision under these Terms of Service shall not constitute a waiver of that right or provision unless expressly stated in writing.
By booking or accepting services from Maple Leaf Garden Services Ltd., you acknowledge that you have read, understood, and agree to these Terms of Service.