Greenscape Gardens (“www.greenscapegardens.ca”) owns and operates this Website. This document governs your relationship with www.greenscapegardens.ca (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. Registered users may post pictures, videos or links (“Visual Content” or “Communications”); this Website does not accept responsibility for them. Please refer to the sections “Copyright Complaints” and “Intellectual Property, Software and Content” found in this document, if you believe that your copyright has been infringed.
In this document “Inclement Weather” shall mean the existence of unfavorable climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe to expose living plant material thereto due to shipping whilst the same prevail.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.greenscapegardens.ca will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not www.greenscapegardens.ca are entirely responsible for all Content that you post, or otherwise submit to the Site. www.greenscapegardens.ca does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by www.greenscapegardens.ca. By way of example, and not as a limitation, you agree not to use the Services:
To abuse, harass, threaten, impersonate or intimidate any person;
To post or transmit, or cause to be posted or transmitted, any Visual Content or Communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
For any purpose (including posting or viewing Visual Content) that is not permitted under the laws of the jurisdiction where you use the Services;
To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any www.greenscapegardens.ca user;
To create or transmit unwanted ‘spam’ to any person or any URL
To create multiple accounts for the purpose of voting for or against users’ Visual Content;
To post copyrighted Visual Content or other Communications that do not belong to you or, with exception of commenting on Visual Content in Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
To not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
To promote or sell Visual Content of another person; or
To sell or otherwise transfer your profile.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “Intellectual Property, Software and Content” below) please send notice to Greenscape Gardens at: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. www.greenscapegardens.ca reserves the right, but has no obligation, to monitor disputes between you and other users.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.greenscapegardens.ca and/or its licensors and is/are protected by copyright laws and treaties around the world. All such rights are reserved by www.greenscapegardens.ca and its licensors. You may store and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
www.greenscapegardens.ca respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. www.greenscapegardens.ca will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify www.greenscapegardens.ca of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable www.greenscapegardens.ca to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide www.greenscapegardens.ca with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable www.greenscapegardens.ca to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays Inclement Weather or force majeure, for which we will not be responsible.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. Listed plant sizes are approximations; they are the average size of the plants you will receive. Plants are grafted or planted at specific times of the year and subsequently, their size varies. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If we cancel your order and you have already paid for the goods, you will receive a full refund.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited/charged upon authorization being received. The monies received upon the debiting/charging of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Greenscape Gardens reserves the right to delay shipping due to Inclement Weather, however this does not constitute a contract, implied or otherwise, between Greenscape Gardens and you, insuring that any plant material you have purchased from Greenscape gardens will arrive without damage due to weather conditions. It is the customers responsibility to notify us of any weather that may damage any plant material during shipping us so that we may act accordingly. It may be necessary for Greenscape Gardens to add heat pads or insulated boxes to protect your purchase. Should the need for these additional items become necessary, Greenscape Gardens will contact you to cover the additional associated costs. Greenscape Gardens ships on the first day of the week, so that your plants arrive before the weekend. It is the customers responsibility to select a shipping method that will ensure the trees will arrive within the week as intended.
Whilst we do everything in our power to ensure your package will be delivered in good condition, in the end it is up to the customer to provide proof of damages done. All parcels are insured, tracked and must be signed for. If your parcel had arrived damaged, simply do not sign for it and notify us so that we can send out a replacement.
Cancellation of your order is possible before your order ships. Greenscape Gardens reserves the right to charge a 15% cancellation fee on any customer cancelled order. This Website will never charge a cancellation fee if the order is cancelled by the Website. Please note that a customer is NOT able to cancel a pre-order under any circumstance. All pre-order sales are final.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.greenscapegardens.ca and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.greenscapegardens.ca’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.greenscapegardens.ca and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.greenscapegardens.ca.
You agree to indemnify, defend and hold harmless www.greenscapegardens.ca, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.greenscapegardens.ca shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.greenscapegardens.ca. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.greenscapegardens.ca.