Homely Design Terms of Service

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the homelydesign.ca website (“Website” or “Service”) and any of its related products and services (collectively, “Services”).

 

Agreement to Terms

This Agreement is legally binding between you (“User”, “you” or “your”) and Homely Design Studio Inc. (doing business as “Homely Design”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Homely Design, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

 

Description of Services

The Service is a platform enabling people seeking landscape design services (“Clients” or “Users”) to get a custom landscape design idea, including one design concepts, one final design rendering and CAD drawings, and one revision of the final design rendering based on User comments. After placing an Order (request for custom design), you will receive an email from Homely Design acknowledging that Homely Design has received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Homely Design to avail the services. All orders are subject to acceptance.

 

Acceptance of Privacy Policy

Please refer to our Privacy Policy for details on how we handle user information, including its collection, usage, and disclosure. Your use of the Services implies your agreement to adhere to our Privacy Policy.

 

Accounts and membership

1. Eligibility: You must be at least 18 years old to use the Website and Services. By using them and agreeing to this Agreement, you confirm that you meet this age requirement.

 

2. Account Security: If you create an account, it's your responsibility to ensure its security. You're also accountable for all activities under your account.

 

3. Account Monitoring: We may review new accounts before they can be used. Providing false contact information may lead to account termination.

 

4. Unauthorized Use: Notify us immediately if you detect any unauthorized use of your account or security breaches. We're not liable for your actions, including any resulting damages.

 

5. Account Actions: We may suspend, disable, or delete your account if you violate this Agreement, or your actions harm our reputation. If we delete your account for these reasons, you can't re-register. We may also block your email and IP address to prevent further registration.

 

Feedback

We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will: own, exclusively, all now known or later discovered rights to the Creative Ideas; not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

 

Content Ownership, Responsibility and Removal

1. User Content Ownership: We don't own any content (data, information, materials) you submit while using our Service. You are solely responsible for the quality, accuracy, legality, and ownership of the content you provide.

 

2. Content Monitoring: We may monitor and review the content you submit on the Website as part of our Services. This is to ensure compliance with our policies and to maintain a safe and appropriate environment.

 

3. Content Usage Permission: By using our Services, you grant us permission to access, copy, distribute, store, and use your content as necessary to provide the Services. This access is solely for service-related purposes.

 

4. Content Removal: We have the right (but not the obligation) to refuse or remove any content that we believe violates our policies or is harmful or objectionable, at our discretion.

 

5. License Grant: You also grant us a license to use, reproduce, adapt, modify, publish, or distribute the content you create or store in your account for commercial, marketing, or similar purposes.

 

Payment

Homely Design offers various design packages, such as the Only Plant, 3D Only, Roof&Terrace, Front or Back Yard, Full Yard, Curb Appeal, and Exterior Transformation packages (collectively referred to as the "Design Packages") to users who have created a Design Profile. The use of our Services requires a one-time payment, the amount of which depends on the selected Design Package. Detailed information about the Design Packages and their prices can be found at https://homelydesign.ca/packages

1. Payment Authorization. By making a one-time payment (a "Transaction"), you explicitly authorize us (or our third-party payment processor) to charge you for the Transaction. We may request additional information necessary for your Transaction, including your credit card details, card expiration date, email address, and billing address (collectively referred to as "Payment Information"). When you initiate a Transaction, you grant us permission to share your Payment Information with third parties to facilitate the Transaction and charge your chosen payment method for the selected Transaction type (plus any applicable taxes and fees). Additional information may be required to verify your identity, which is also considered Payment Information.
    
2. Cancellation Policy. If no work has commenced on your project, you have the option to cancel a Transaction and receive a full refund within seven (7) calendar days of your initial purchase. Should you choose to cancel the Transaction between the eighth (8th) and thirtieth (30th) calendar days after your initial purchase, and no work has started on your project, you will receive a refund amounting to 90% of the total purchase amount, with a 10% processing fee deducted. AFTER THESE TIMEFRAMES OR ONCE WORK HAS INITIATED ON YOUR PROJECT, NO REFUNDS WILL BE GRANTED. In unforeseen circumstances during the project's completion, Homely Design reserves the right to cancel a Transaction and commit to refund any payment already made for that specific Transaction. To initiate a Transaction cancellation, please send an email to hello@homelydesign.com. It's important to note that upon cancellation, your right to use the Services will be immediately terminated.

 

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

 

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Homely Design with respect to such other services. Homely Design is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Homely Design to disclose your data as necessary to facilitate the use or enablement of such other service.

 

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

 

Prohibited uses

In addition to the terms outlined in this Agreement, you are strictly prohibited from using the Website and Services, or any associated content, for the following purposes:

1. Engaging in any unlawful activities.
    
2. Encouraging or soliciting others to participate in unlawful acts.
    
3. Violating any international, federal, provincial, or state laws, regulations, rules, or local ordinances.
    
4. Infringing upon our intellectual property rights or the intellectual property rights of others.
    
5. Engaging in activities that promote harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
    
6. Submitting false or misleading information.
    
7. Uploading or transmitting viruses, malware, or any malicious code that could disrupt the Website and Services, third-party products and services, or the Internet.
    
8. Sending spam, phishing emails, conducting phishing activities, or engaging in any form of fraudulent or deceptive behavior.
    
9. Using the Website and Services for any obscene or immoral purposes.
    
10. Attempting to interfere with or bypass the security features of the Website and Services, third-party products and services, or the Internet.

We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

 

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Homely Design or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Homely Design. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Homely Design or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Homely Design or third-party trademarks.

 

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained using Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Homely Design, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Homely Design and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Homely Design for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

Indemnification

You agree to indemnify and hold Homely Design and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

 

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 

Changes and amendments

We reserve the right to modify this Agreement, or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

 

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: https://www.homelydesign.ca/contact/ hello@homelydesign.ca