Terms of Use

TERMS OF USE

Welcome to www.leafify.ca. This website is owned and operated by 2232997 Alberta ltd. d/b/a/ “Leafify” (“Leafify,”, “Corporation“, “we,” “us” or “our“), an online plant retailer with operations in Western Canada. Access and use of the Leafify website located at www.leafify.ca (and its related services) (collectively, the “Website“) is provided for use by customers (“you” or “your“) on condition that you accept the following terms and conditions that govern your use of the Website (the “Agreement” or “Terms“), the purchase of products and services related thereto (collectively, “Services“). Your access and use of the Website and Services constitutes your unconditional acceptance of the Terms. If you do not agree to accept and abide by these Terms, you should not access or use the Website. 

We may modify this Agreement at any time and from time to time. Such modification shall be effective when we post the updated Agreement at leafify.ca/termsofuse. You agree to be bound to any changes to these Terms when you use the Website (or any related services) after any such modification is posted. It is therefore important that you review these Terms. 

Purchases of products over the Website are subject to additional terms under our Terms of Sale, which can be reviewed at: www.leafify.ca/termsofsale

INDEX

This index is provided for your convenience only. You must read these Terms in their entirety.

1. WEBSITE

2. JURISDICTION AND AGE

3. USER ACCOUNTS

4. PRIVACY

5. LIMITED LICENSE

6. ACCEPTABLE USE

7. LEAFIFY MATERIALS

8. YOUR MATERIALS

9. CURRENCY OF THE WEBSITE

10. LINKED WEBSITES AND THIRD PARTY CONTENT

11. INTERNET SOFTWARE OR COMPUTER VIRUSES

12. DISCLAIMER OF WARRANTIES

13. LIMITATION OF LIABILITY

14. INDEMNIFICATION

15. FEEDBACK

16. ACCESS RELATED TO ALLEGED VIOLATIONS

17. TERM AND TERMINATION

18. APPLICABLE LAW

19. GENERAL

  1. WEBSITE

These Terms apply to all users of the Website, including users who submit an order or orders for the purchase of goods made available by Leafify on the Website, and users who view or browse the Website. 

  1. JURISDICTION AND AGE

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms according to age and you are in such a jurisdiction and under such age limit, you may not enter into these Terms or use the Website (or related Services). 

This Website may only be used by residents of Canada. If you use this Website outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the services offered by the Website, you may not enter into these Terms or use the Website (or any related services). 

By using the Website you are explicitly stating that you have verified in your own jurisdiction that your use of the Website (or any related services) is allowed. Your profile may be deleted and these Terms may be terminated without warning, if we believe that you are under age or your use of the Website (or any related services) otherwise violates this Terms. 

  1. USER ACCOUNTS

You may open an account to use the Website (or any related services) that are available only to account-holders. To open an account you must complete the registration process by providing complete and accurate information requested on the registration form, including login information. Where we offer you the ability to choose your own username(s) in connection with the Website (or any related services), we will use reasonable efforts to assign such name(s) to you upon your request.  

You are entirely responsible for maintaining the confidentiality of your username and password and that Leafify and any of its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss related to any lost, stolen or otherwise misappropriated username or password.  

You acknowledge and agree that you shall be responsible for each and every access, use or employment of the Website (and any related services) that occurs in conjunction with your passwords and user identifications, and that we are authorized to accept the user identifications and passwords as conclusive evidence that you have accessed or used the Website (or any related services). 

You agree to notify Leafify immediately on any unauthorized use, theft or misappropriation of your account, username or password. Leafify shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

You may deactivate your user account at any time, for any reason, in your “Account Settings” or by contacting us at info@leafify.ca.   

  1. PRIVACY 

Leafify is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use the Website (or any related services). Please see our Privacy Policy located at www.leafify.ca/privacypolicy

You acknowledge and agree that access to and use of the Website (or any related services) is provided via the Internet. Information stored in the Website is stored in Canada, but may be accessible in other jurisdictions via the Website. 

Our systems may collect information related to your visit to the Website, including the IP address and domain used to access the Website, the type and version of your browser, the website you came from to access the Website, the page you entered and exited at, any page that is viewed by that IP address when using the Website and what country you are from. We use this information to monitor our system performance (such as number of visits, average time spent, page views), to enable us to operate and manage our systems and services and to better understand our user community so that we can work to continually upgrade our systems and services.

  1. LIMITED LICENSE

Leafify grants you a revocable, non-exclusive and non-transferrable license to use the Website (or any related services), subject to these Terms, for the following purposes:

  1. to browse the Website;
  2. create and use an account on the Website; 
  3. to submit an order for the purchase of products made available by us on the Website (“order” or “orders“); 
  4. use the feedback features on the Website to rate or review goods or Services made available for purchase over the Website; and
  5. to use the Website to manage and process orders according to this Agreement. 

The Website (and any of its related services) is the property of Leafify. We retain all rights, title and interest in and to the Website (and any of its related services). 

  1. ACCEPTABLE USE

You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through the Website (or any related services). Leafify does not condone or allow spam. You agree that you will not use the Website (or any related services) to send unsolicited commercial electronic messages or other e-mail. 

You shall not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in any way use, or permit to be used, the Website (or any related services), to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing expressions of bigotry, racism or hate. You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although we are not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you. You acknowledge and agree that you shall be responsible and liable for all uses made by you of the Website (or any related services).  

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Leafify’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. We may, without notice, temporarily suspend your or any other parties’ access to the Website (and any related services), including, without limitation, any specific areas hosted within the Website, by deactivating any password(s) or links to the Internet, if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Leafify may reasonably determine is necessary to permit the thorough investigation of such suspended activity. 

In addition, you agree that you will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, except as expressly permitted by Leafify; (iii) link to, mirror or frame any portion of the Website; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website.

  1. LEAFIFY MATERIALS

Leafify may make certain software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively, “Leafify Materials“) available to you from the Website (or any related services). If you download or use Leafify Materials, you agree that such materials: (i) may only be used for the purpose for which they were provided, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Leafify’s prior written permission and (iii) shall be only be used in compliance with any license terms accompanying such materials. Leafify does not transfer either the title or the intellectual property rights to the Leafify Materials, and retains full and complete title to the Leafify Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute or reproduce the Leafify Materials. You further agree not to decompile, reverse-engineer, disassemble or otherwise convert any Leafify Materials into a human-perceivable form. Leafify or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

The Website (including its organization and presentation and Leafify Materials) is the property of Leafify and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trademarks, trade-names, internet domain names and other similar rights. 

  1. YOUR MATERIALS

When you load or create materials (including files, text, video, audio and images contained in or generated by such materials and accompanying data) on the Website (“User Materials”) you are granting Leafify, its affiliates, partners, officers, directors, employees, consultants, agents and representatives a license to use your User Materials in connection with the operation of the Website (or any related services). By loading or creating User Materials on the Website, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to load or create such User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.

You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. Leafify shall not be responsible or liable for the deletion or accuracy of any User Materials. 

You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of the Website (or any related services) and agree to obtain and maintain all such consents or permissions throughout the term of these Terms.

  1. CURRENCY OF THE WEBSITE

Leafify may make information or related resources available to you through the Website. Leafify may update such information and related resources periodically. However, we cannot and do not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information or related resources on the Website. Leafify may revise, supplement or delete information and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors or users.

  1. LINKED WEBSITES AND THIRD PARTY CONTENT

The Website may provide links to websites, images and content from third parties, such as, but not limited to, advertisements, for your convenience only. The inclusion of these links does not imply that Leafify monitors or endorses these websites. Leafify does not accept any responsibility for such websites. Leafify shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. 

  1. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website. Computer viruses or other destructive programs may also be inadvertently downloaded from the Website.

Leafify shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any of the Leafify Materials or User Materials (collectively, “Materials“) from the Website.  Leafify is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Website.

  1. DISCLAIMER OF WARRANTIES

THE WEBSITE, ITS RELATED SERVICES, THE MATERIALS AND PRODUCTS PROVIDED FOR PURCHASE ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LEAFIFY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS RELATED SERVICES, THE MATERIALS OR ANY PRODUCTS AVAILABLE FOR PURCHASE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. 

  1. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE, ITS RELATED SERVICES AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL LEAFIFY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER SIMILAR LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE (ITS RELATED SERVICES), THE PURCHASE OF PRODUCTS OVER THE WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. 

IN EVERY EVENT, LEAFIFY’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE, ITS RELATED SERVICES OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE LESSER OF (I) THE TOTAL FEES PAID BY A USER WITHIN [3] MONTHS PRECEDING A CLAIM AND (II) $100 CANADIAN DOLLARS. 

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR LEAFIFY TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY LEAFIFY, LEAFIFY WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT CHARGING ADDITIONAL FEES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Leafify or any of its directors, officers, employees, shareholders, partners or agents harmless against all claims or liability asserted against Leafify arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms.

  1. FEEDBACK

You may email your comments, suggestions and feedback (collectively, “Feedback”) to Leafify at the e-mail addresses provided in the Website. However, the Internet is not a fully secure medium and any Feedback may be lost, intercepted or altered. You agree with respect to any Feedback provided by you to us via e-mail that: (i) Leafify has no obligation concerning such Feedback; (ii) Feedback is non-confidential; (iii) Leafify may use, disclose, distribute or copy the Feedback and may use any ideas, concepts or know-how contained in the Feedback for any purpose; and (iv) the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others. 

In addition, you may be able to leave ratings or reviews on goods. Such ratings and reviews are a subset of Feedback. You are solely responsible for the Feedback you create and transmit to or through the Website and for any harm arising from the Feedback. Leafify may, from time to time, monitor Feedback and reserves the right to delete, modify, reject or otherwise deal with Feedback in Leafify’s sole discretion. You agree to grant Leafify an irrevocable, transferrable, irrevocable, royalty-free and sub-licensable license to use your Feedback in connection with the operation of the Website (or any related services) and you consent to our use of your Feedback and your username in association therewith.

  1. ACCESS RELATED TO ALLEGED VIOLATIONS

To ensure that Leafify provides a high quality experience for you and for other users of the Website (and any of its related services), you agree that Leafify or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website (and any of its related services), and you agree to give Leafify full access to your account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such account and related information and records. 

Leafify does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but Leafify reserves the right to terminate your account or your access to the Website (and any of its related services) immediately, with or without notice to you, and without liability to you, if Leafify believes that you have violated any of these Terms, furnished Leafify with false or misleading information or interfered with use of the Website (or any related services) by others.

  1. TERM AND TERMINATION

Leafify may, from time to time, but is in no way obligated to, permit you to access and use the Website (or any related services) in accordance with these Terms and in the manner set out herein. You acknowledge and agree that access to the Website (or any related services) may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Leafify shall not, in any event, be responsible to you in any way should you be unable to access the Website (or any related services) at any time or from time to time.

Leafify may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the Website (or any related services) and/or terminate these Terms or any of the licenses granted hereunder. Without limiting the foregoing, these Terms and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms or any provision hereof. Upon termination of these Terms, you shall immediately cease and desist all use of the Website (and any of its related services).

  1. APPLICABLE LAW

The Website is controlled, operated and administered by Leafify from within the Province of Alberta, Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from Alberta laws, by accessing the Website, you agree that all matters relating to access to or use of the Website and Services, including the Terms of Sale, are governed by the laws of Alberta and the federal laws of Canada applicable in Alberta (without reference to conflicts of laws principles). Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Alberta. 

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU AGREE THAT YOU WILL BRING ANY CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH OF US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

  1. GENERAL
  1. These Terms (which incorporate by reference our Privacy Policy) set out the entire agreement between Leafify and you relating to the use of the Website and Services, and supersede and any all prior or contemporaneous written or oral agreements, if applicable. 
  2. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
  3. These Terms are not assignable, transferable or sub-licensable by you except with Leafify’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
  4. Your obligations under these Terms will survive the termination of these Terms, or of any license granted under these Terms, for whatever reason.
  5. If any provision or part thereof of these Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof
  6. The parties have requested that these Terms and all documents relating thereto be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.