Terms of Service

Introduction

These Terms of Service govern your use of botanicca website and services. By accessing our website or engaging our services, you agree to be bound by these terms.

Please read these terms carefully before using our services. If you do not agree with any part of these terms, you should not use our website or services.

These terms constitute a legal agreement between you and botanicca regarding your use of our services and website.

1. Definitions

"Service" or "Services" refers to garden planning, seasonal transition planning, floristry, photography, and related services provided by botanicca.

"User" or "You" means any person accessing our website or engaging our services.

"Content" includes all text, images, designs, plans, photographs, and materials provided by botanicca.

"We/Us/Our" refers to botanicca and its representatives.

"Agreement" means these Terms of Service and any service-specific agreements.

2. Use of Services

Eligibility

Services are provided for personal or professional use
Users must be at least 18 years of age
Users must have legal capacity to enter into contracts
Business users must have authority to bind their organization

Account Responsibilities

Provide accurate and complete information when requested
Maintain confidentiality of any account credentials
Notify us immediately of any unauthorized access
Accept responsibility for activities under your account

Acceptable Use

You agree to use our services and website only for lawful purposes and in accordance with these terms. You agree not to:

Violate any applicable local, provincial, or federal laws
Infringe on intellectual property rights of botanicca or others
Transmit harmful code, viruses, or malicious software
Attempt unauthorized access to our systems or networks
Engage in fraudulent activities or misrepresentation
Harass, threaten, or harm our staff or other users
Use services for competitive analysis or benchmarking

3. Service Terms

Consultations and Planning

Initial consultations assess site conditions and client requirements
Recommendations are based on information provided and observations made
Garden plans reflect professional judgment but cannot guarantee specific outcomes
Success depends on implementation quality, maintenance, and weather conditions
Clients are responsible for obtaining necessary permits or approvals

Floristry Services

Arrangements reflect seasonal availability and market conditions
Specific flower varieties may be substituted based on availability
Delivery times are estimates and may vary due to circumstances
Fresh flowers are perishable and require proper care
Event services require confirmed bookings and deposits

Photography Services

Sessions are scheduled subject to weather and seasonal conditions
Rescheduling may be necessary due to adverse conditions
Image delivery timelines are estimates, typically within two weeks
Final images reflect professional editing and color correction
Usage rights are granted as specified in service agreements

4. Payment Terms

Fees and Pricing

Service fees are provided in Canadian dollars unless otherwise specified
Prices are subject to change but confirmed quotes remain valid for 30 days
Additional services or changes may incur supplementary charges
Travel outside Edmonton metro area may involve additional fees

Payment Methods

Accepted payment methods include cash, cheque, e-transfer, or credit card
Deposits may be required for event services or large projects
Final payment is due upon service completion unless otherwise arranged
Late payments may incur interest charges at 2% per month

Cancellation and Refunds

Cancellations made 7+ days before scheduled service receive full refund
Cancellations made 3-6 days before service receive 50% refund
Cancellations within 48 hours are non-refundable
Deposits for event services are non-refundable within 30 days of event
Weather-related rescheduling does not incur cancellation fees

5. Intellectual Property Rights

Our Content

All content on our website and provided through services remains property of botanicca:

Website design, graphics, and layout
Garden plans, designs, and recommendations
Photography images and compositions
Written content, articles, and educational materials
Trademarks, logos, and brand elements

Limited License

We grant you a limited license to:

Use garden plans for your personal property implementation
Display photography images as specified in service agreements
View and print website content for personal reference
Share recommendations with contractors implementing your project

Restrictions

You may not without written permission:

Reproduce content for commercial purposes
Modify or create derivative works
Share garden plans with other properties
Claim ownership of our materials
Remove copyright or attribution notices

6. Disclaimers and Limitations

Service Disclaimer

Services are provided "as is" without warranties of any kind. We make no guarantees regarding specific garden outcomes, plant survival, or event results. Success depends on numerous factors beyond our control including weather, soil conditions, maintenance practices, and proper implementation.

No Guarantee of Results

Garden performance varies based on site conditions and care
Plant establishment depends on proper installation and maintenance
Weather events may affect plant survival and garden appearance
Photography results depend on conditions and subject cooperation
Fresh flowers are perishable natural products with variable lifespans

Limitation of Liability

To the maximum extent permitted by law, botanicca liability is limited to the fees paid for the specific service in question. We are not liable for:

Indirect, incidental, or consequential damages
Loss of profits, revenue, or business opportunities
Plant failures due to improper care or adverse conditions
Property damage caused by implementation contractors
Results affected by factors beyond our reasonable control

7. Client Responsibilities

Information Accuracy

Provide accurate information about site conditions and constraints
Disclose relevant property restrictions or covenants
Inform us of budget limitations and timeline requirements
Communicate preferences and concerns clearly

Implementation and Maintenance

Follow provided guidelines for plant installation and care
Maintain adequate watering, especially during establishment
Address pest or disease issues promptly
Perform recommended seasonal maintenance tasks
Hire qualified contractors for installation work

Property Access

Ensure safe access to service areas
Restrain pets during service visits
Notify us of hazards or special conditions
Provide adequate notice if access arrangements change

8. Termination

Termination by Either Party

Either party may terminate service agreements with written notice:

Client termination subject to cancellation policy terms
Outstanding fees remain due upon termination
Completed work to date will be provided
Deposits and advance payments follow refund policy

Immediate Termination

We reserve the right to immediately terminate services for:

Material breach of these terms
Non-payment of fees
Threatening or abusive behavior toward staff
Fraudulent activities or misrepresentation
Illegal use of services

Effects of Termination

Access to ongoing services ceases immediately
Outstanding payments become immediately due
Limited license to use our materials terminates
Provisions regarding confidentiality and liability survive termination

9. Dispute Resolution

Informal Resolution

We encourage addressing concerns through direct communication. Contact us with any disputes or dissatisfaction, and we will work in good faith to resolve issues promptly and fairly.

Mediation

If informal resolution fails, parties agree to attempt mediation through a mutually acceptable mediator before pursuing litigation. Mediation costs will be shared equally.

Governing Law and Jurisdiction

These terms are governed by the laws of Alberta and Canada.

Any legal proceedings will be conducted in the courts of Edmonton, Alberta. You consent to the exclusive jurisdiction of these courts for dispute resolution.

10. General Provisions

Entire Agreement

These terms, together with service-specific agreements and our Privacy Policy, constitute the complete agreement between you and botanicca regarding use of our services.

Severability

If any provision is found unenforceable, remaining provisions continue in full force and effect. Unenforceable provisions will be modified to reflect parties' intent as closely as possible.

No Waiver

Failure to enforce any provision does not constitute waiver of that provision or any other provision. Rights under these terms may be exercised at any time.

Assignment

You may not assign or transfer these terms or any rights hereunder without our written consent. We may assign these terms to successors or affiliates without restriction.

Force Majeure

Neither party is liable for delays or failures in performance resulting from circumstances beyond reasonable control, including severe weather, natural disasters, or other force majeure events.

Modifications

We may modify these terms at any time by posting updated terms on our website. Material changes will be communicated via email or prominent website notice. Continued use of services after modifications constitutes acceptance of revised terms.

For reference purposes, terms version and update date appear at the top of this document.