TERMS & CONDITIONS
1. Agreement to Terms
These Terms and Conditions (“Terms”) govern your access to and use of the Toucan Gardens website (toucangardens.com) and any landscaping or garden design services provided by Toucan Gardens (“the Company”).
By accessing the Website or engaging our Services, you agree to be bound by these Terms.
2. Services Provided
Toucan Gardens offers comprehensive landscaping services, on-site garden work, design consultations, plant recommendations, and related garden-planning services. Service descriptions and scope may vary by project and will be confirmed directly with the client.
3. Eligibility
You must be at least 18 years of age to use our Services. By engaging with the Company, you confirm you meet this requirement.
4. Client Responsibilities
Clients agree to provide safe access to the property, disclose hazards, secure pets, and ensure accurate information about the property is provided. Clients must follow the safety instructions given by the Company.
5. Payments
Payment terms vary by project. Unless otherwise stated, payment is due upon receipt of the invoice. The Company may require deposits or staged payments for certain services. Work may be paused for unpaid invoices.
6. Cancellations and Rescheduling
Clients may request cancellations or rescheduling. Fees may apply for same-day cancellations or for work that has already been performed. Weather delays may occur and do not constitute a breach of contract.
7. Design Work and Intellectual Property
Designs, drawings, plans, and consultations provided by Toucan Gardens remain the intellectual property of the Company. Clients receive a license to use the materials solely for personal use on their property. Reproduction or distribution requires written permission.
8. Onsite Work and Safety
Landscaping work involves inherent risks. Clients agree to keep children and pets away from active work areas and follow all safety guidance. The Company is not responsible for damages caused by pre-existing conditions or undisclosed hazards.
9. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, or consequential damages, including loss caused by weather, soil conditions, plant health, or factors outside our control. Total liability is limited to the amount paid for the specific service or product.
10. External Links
The Website may include links to third-party websites. The Company is not responsible for the content or policies of third-party sites.
11. “As Is” Disclaimer
All Website content and Services are provided “AS IS” without warranties of any kind. The Company does not guarantee uninterrupted service or error-free performance.
12. Governing Law
These Terms are governed by the laws of the Province of British Columbia, Canada. Disputes shall be resolved exclusively in the courts of British Columbia.
13. Changes to Terms
The Company reserves the right to update these Terms at any time. Continued use of the Website or Services indicates acceptance of the revised Terms.
14. Contact Information
For questions regarding these Terms and Conditions, please contact us at: toucangardens@outlook.com
Last updated: November 2025