Terms & Conditions

1. General

These Terms and Conditions ("Terms") govern your use of the website operated by Lush Landscape Service ("we", "us", "our") at lushlandscape.ca and the landscaping services we provide. These Terms, together with any service agreement or contract you sign with us, form the complete agreement between you and Lush Landscape Service.

Our services are available to residents and property owners in the Province of Ontario, Canada. By using our website or engaging our services, you represent that you are at least 18 years of age and have the legal capacity to enter into binding agreements.

2. Website Use

You may use our website for lawful purposes only. You agree not to:

• Use the website in any way that violates applicable federal, provincial, or municipal laws or regulations.
• Attempt to gain unauthorized access to any part of the website, server, or database connected to the website.
• Transmit any material that is defamatory, offensive, or otherwise objectionable.
• Use automated systems, bots, or scrapers to access or collect data from the website without our written permission.

We reserve the right to restrict or terminate your access to the website at our discretion if we believe you are violating these Terms.

3. Intellectual Property

All content on this website, including text, images, graphics, logos, design elements, and software, is the property of Lush Landscape Service or our licensors and is protected by Canadian copyright and trademark laws. You may not reproduce, distribute, modify, or create derivative works from any content on this website without our prior written consent.

Project photographs displayed on our website may depict work completed on private properties. These images are used with the permission of the property owners and remain the intellectual property of Lush Landscape Service.

4. Service Agreements

All landscaping services are governed by a written service agreement (contract) that is separate from these website Terms. The service agreement specifies the scope of work, materials, timeline, payment terms, warranty coverage, and other project-specific details. In the event of any conflict between these Terms and a signed service agreement, the service agreement shall prevail.

Quotes and Estimates

Quotes provided by Lush Landscape Service are valid for 30 days from the date of issue unless otherwise stated. Quotes are based on the information available at the time of the site assessment and are subject to change if site conditions differ from what was observed. Any changes to the scope of work after contract signing will be documented in a written change order, which requires your approval before additional work proceeds.

Project Timeline

Estimated project timelines are provided in good faith based on the anticipated scope of work. Timelines may be affected by weather conditions, permit processing delays, material availability, or unforeseen site conditions. We will communicate any anticipated delays promptly and provide updated timelines.

5. Payment Terms

Payment terms are outlined in your service agreement and typically follow a milestone-based schedule. Key payment terms include:

• A deposit is required upon signing the service agreement to secure your project date and order materials.
• Progress payments are tied to the completion of defined project milestones.
• Final payment is due upon completion of the project walkthrough and your approval of the finished work.

We accept cheques, electronic transfers, bank drafts, and major credit cards. Late payments may be subject to interest charges as specified in your service agreement, in accordance with Ontario law.

6. Cancellation and Refund Policy

In accordance with the Ontario Consumer Protection Act, 2002, you are entitled to a 10-day cooling-off period for contracts signed at your home (direct agreements). During this period, you may cancel the contract without penalty.

After the cooling-off period, cancellation terms are as follows:

• If you cancel before work has begun, you are responsible for any non-refundable material orders and a reasonable administration fee as outlined in your contract.
• If you cancel after work has commenced, you are responsible for payment of all work completed to date, materials delivered, and any non-cancellable material orders.

All cancellations must be submitted in writing to info@lushlandscape.ca.

7. Warranty

Lush Landscape Service provides a written workmanship warranty on all completed projects. Warranty terms, coverage periods, and exclusions are detailed in your service agreement and on our Warranty and Maintenance page. The warranty covers defects in workmanship and installation. It does not cover damage caused by acts of nature, third-party modifications, neglect, or failure to follow recommended maintenance procedures.

8. Limitation of Liability

To the fullest extent permitted by Ontario law:

• Our total liability for any claim arising from our services shall not exceed the total amount paid by you for the specific project giving rise to the claim.
• We shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of use, loss of profits, or damage to property not directly related to the services provided.
• We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including severe weather, natural disasters, labour disputes, material shortages, government actions, or pandemic-related restrictions.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under Ontario law, including liability for death or personal injury caused by negligence.

9. Property Access and Site Conditions

By engaging our services, you grant Lush Landscape Service reasonable access to your property for the purpose of completing the agreed-upon work. You are responsible for informing us of any known underground utilities, easements, or other conditions that may affect the project. While we arrange utility locates through Ontario One Call as required by law, accurate information from you helps ensure a safe and efficient project.

10. Dispute Resolution

If a dispute arises between you and Lush Landscape Service, we encourage you to contact us first to resolve the matter directly. If we are unable to reach a resolution, either party may pursue the following remedies:

• Mediation: both parties agree to attempt mediation through a mutually agreed-upon mediator before initiating legal proceedings.
• Legal proceedings: any legal action arising from these Terms or a service agreement shall be brought in the courts of the Province of Ontario, and both parties agree to submit to the jurisdiction of those courts.

Nothing in this section limits your rights under the Ontario Consumer Protection Act, 2002, or any other applicable consumer protection legislation.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal proceedings relating to these Terms shall be instituted in the courts of Ontario.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and any signed service agreement, constitute the entire agreement between you and Lush Landscape Service regarding the subject matter herein. Any prior agreements, representations, or understandings, whether written or oral, are superseded by these Terms.

14. Contact Information

If you have questions about these Terms and Conditions, please contact us:

Lush Landscape Service
Email: info@lushlandscape.ca
Website: lushlandscape.ca/contact