Effective Date: February 1, 2019
YOU AGREE THAT YOU WILL NOT ACCESS THIS SITE FROM ANY TERRITORY WHERE THE CONTENT OR USE OF THE SITE OR THE SERVICES IS ILLEGAL. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LOCAL LAWS.
● “Disputes” has the meaning prescribed under Section 18.
● “Distribute” means to incorporate, run, submit, use, display, copy, upload, post, reproduce, embed, communicate, publish, distribute, create derivative works of, adapt, translate, perform, transmit, arrange, modify, export, merge, transfer, share, outsource and/or make available.
● “includes” and “including” means including without limiting the generality of the foregoing.
● “License” has the meaning prescribed under Section 8.
● “Marks” means the GARDEN VARIETY brand, name and logo and any other trademarks, trade dress, designs, trade names, domain names and logos appearing on or in connection with the Service.
● “person” includes natural persons and any type of incorporated or unincorporated entity.
● “Registration Data” has the meaning prescribed under Section 9.
● “registered user” means a person who has created and registered an account with the Service.
● “Service” means the Site, and any information provided by Garden Variety on the Site, including the online retail services.
● “Site” means this website, having the URL https://gardenvariety.com/, as well as any related applications made available by Garden Variety on the Site and in any app stores for use on mobile devices, tablets, personal computers and other devices and subdomains and subsidiary sites, and all of the related web pages relating thereto, including, but not limited to, content, user interfaces, visual interfaces, applications, software, information, photographs, images, ideas, illustrations, audio clips, video clips, data, code, designs, pictures, graphics, text, files, icons, user accounts, titles, themes, objects, techniques, databases, dialogue, locations, concepts, artwork, sounds, musical compositions, audio visual effects, methods of operation, moral rights, company names, trademarks, logos and trade names or other materials uploaded, downloaded and/or contained in or electronically Distributed on the Site or in connection with the Service, including the manner in which the said content and information is presented or appears, together with all intellectual property rights therein.
● “Subscribing Organization” has the meaning prescribed above
● “use” or “uses” includes accessing, registering, viewing, reading, copying (whether in whole or in part), creating an account, distributing User Content, and purchasing.
● “User Content” means user-generated content about Garden Variety’s products and services, including questions, suggestions, information, inquiries, testimonials, feedback, reviews, emails, ideas, drawings, comments, opinions, audio, videos, photographs, or other content or material, including any intellectual property rights relating thereto.
3. Permission to Use the Service
You may use the Service only if: (1) you have reached the age of nineteen (19); and (2) you can form legally binding contracts under applicable law. You may not use the Service if you live in a jurisdiction where use of the Service or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws.
The Service provides information about Garden Variety’s services, past and current projects and experience, and may provide online retail services, including online purchase of products for pick up in store and for home delivery.
6. Ownership of the Service
The Service is the proprietary property of 10552763 Canada Corp. o/a “Garden Variety”, its suppliers or its licensors, as the case may be. Unless expressly stated otherwise, the Service is protected by copyright and other intellectual property laws.
The Marks are registered or unregistered trademarks, trade dress, designs, domain names, trade names and logos owned or licensed by Garden Variety. All other trademarks, designs, domain names, trade names and logos not owned by Garden Variety that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Garden Variety.
8. Permitted Use of the Service
9. Account Registration
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, including a valid email address. If you provide any information that is untrue, inaccurate, not current or incomplete, Garden Variety has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
If applicable, registered users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password, account and account designation and are fully responsible for all activities that occur under your password, account designation or account. You agree to: (a) immediately notify Garden Variety of any unauthorized use of your password, account designation or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree that Garden Variety cannot and will not be liable for any loss or damage arising from your failure to keep your password and account secure.
The Service is not available to temporarily or indefinitely suspended registered users. Garden Variety reserves the right, in Garden Variety’s sole discretion, to cancel unconfirmed or inactive accounts. Garden Variety reserves the right to refuse the Service to anyone, for any reason, at any time.
10. Purchase Terms and Conditions
(a) Order Acceptance
Advertisements on the Service, including the Site, are invitations to you to make offers to purchase products and services on the Service and are not offers to sell. All prices and other amounts appearing on the Service are quoted in Canadian dollars.
Your properly completed and delivered electronic order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send an order acceptance confirmation email to your email address. That order acceptance confirmation email constitutes our acceptance of your order and forms a legally binding contract between you and Garden Variety.
Please be sure to provide your exact billing address and telephone number, which should be the address and telephone number connected with your credit card or payment account. Incorrect information may cause a delay in processing your order. The total price of your order will be charged to your method of payment when our order acceptance confirmation email and our order receipt confirmation email have been sent to your email address.
When you submit your electronic order form, you agree to pay in full for all products and services purchased through the Service, and you agree that Garden Variety may charge your credit card or payment account for any product or service purchased, including any applicable shipping, handling or processing fees, and for any additional amounts (including any taxes, customs fees and late fees, as applicable) as may be accrued to or in connection with your account. Purchases will include appropriate sales tax based on where the product or service is shipped and the sales tax rate(s) in effect at the time your order invoices.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL AMOUNTS OWING BY YOU, AND FOR PROVIDING US WITH VALID CREDIT CARD OR PAYMENT ACCOUNT INFORMATION DETAILS FOR PAYMENTS OF ALL SUCH AMOUNTS.
If for any reason you are not completely satisfied with the product or service you have purchased, please contact GARDEN VARIETY directly at firstname.lastname@example.org
Garden Variety reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available on the Service, the prices, fees, charges and specifications of such products and services, any promotional offers and any other part of the Service without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason; and (d) limit quantities available for sale.
(e) Misprints and Errors
Garden Variety endeavours to provide current and accurate information on the Service. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Garden Variety cannot guarantee that products and services advertised on the Service will be available when ordered or thereafter. Garden Variety does not warrant that the Service, including, without limitation, product descriptions or photographs, is accurate or complete.
(f) Your Information
We rely on the information you provide through the Service, including Registration Data, payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your Registration Data and payment information within 30 days of any change.
The Service either uses encryption technology to protect credit card information and payment account information from access by unauthorized third parties, or Subscribing Organizations will use encryption technology to protect credit card information and payment account information from access by unauthorized third parties by separate written agreement. However, Garden Variety cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. BY SENDING ANY SENSITIVE INFORMATION OVER THE INTERNET IN CONNECTION WITH YOUR USE OF THE SERVICE, YOU AGREE THAT GARDEN VARIETY WILL NOT HAVE ANY LIABILITY IF THE APPLICABLE ENCRYPTION TECHNOLOGY FAILS TO PROTECT YOUR INFORMATION.
11. Discounts and Promotions
12. User Content
Please do not Distribute User Content on or through the Service. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any User Content.
If you do Distribute User Content on or through the Service, all right, title and interest in the User Content shall be deemed the sole exclusive property of Garden Variety. When you Distribute User Content, you assign and transfer and/or shall cause the assignment and transfer over to Garden Variety of any right, title and interest, world-wide, you may have or may in the future acquire in and to the User Content, without any remuneration. You agree, at the request of Garden Variety, to do or to cause all lawful acts to secure and protect Garden Variety’s rights and interests in the User Content, without any compensation, but without expense to you, and you agree, when requested by Garden Variety, to execute, acknowledge and deliver to Garden Variety, without compensation but without expense to you, any and all instruments, assignments, waivers and documents relating thereto. You waive all of your moral rights in the User Content that you make available on or through the Service in favor of Garden Variety.
YOU AGREE TO INDEMNIFY GARDEN VARIETY FOR ALL CLAIMS BROUGHT BY A THIRD PARTY AGAINST GARDEN VARIETY ARISING OUT OF YOUR USER CONTENT, INCLUDING ANY CLAIM IN RESPECT OF INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR A CLAIM ARISING OUT OF OR IN CONNECTION WITH A BREACH OF ANY OF THE ABOVE REPRESENTATIONS AND WARRANTIES. GARDEN VARIETY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT DISTRIBUTED BY YOU OR ANY THIRD PARTY.
13. Rules of Conduct
You agree that you will be personally responsible for your use of the Service and for all of your communication and activity in using the Service, including any User Content you contribute. YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND AND HOLD GARDEN VARIETY HARMLESS FROM ANY AND ALL LIABILITY OR DAMAGES ARISING FROM YOUR CONDUCT ON THE SERVICE, INCLUDING ANY USER CONTENT THAT YOU CONTRIBUTE AND/OR INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
As a condition of using the Service, you agree to all of the following:
● You are required to select a user name and password to access certain aspects of the Service, including to purchase products and services. You are responsible for maintaining the confidentiality of your user name and password.
● You are responsible for all activity that occurs under your user name.
● You are solely responsible for your conduct and any User Content that you Distribute on the Service or that you allow others to Distribute on the Service under your user name.
● You will not Distribute any User Content to, on or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, slanderous, pornographic, invasive of another's privacy, or hateful.
● You will not Distribute any User Content that infringes or violates a patent, trademark, trade secret, copyright or other intellectual property rights of another person or entity, or that violate any right of privacy, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
● You will not transmit any worms or viruses, spyware, malware, bugs or any other harmful or destructive code to or through the Service.
● You will not Distribute to users any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
● You will not use the Service for any illegal or unauthorized purpose or violate any applicable state, provincial, federal or local laws in your jurisdiction (including but not limited to intellectual property laws, cannabis-related laws, possession or trafficking laws, criminal laws against money laundering, or tax laws).
● You will not stalk, pressure or otherwise harass anyone on or through the Service.
● You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, or falsely state or otherwise misrepresent your age or affiliation with an individual or entity.
● You will not access another registered user’s account without that registered user’s permission, nor will you compromise another registered user’s account. You agree that if such acts are brought to the attention of Garden Variety, Garden Variety may (1) immediately terminate your account, if any; and (2) provide all relevant information to law enforcement officials in order to assist in an investigation of your actions.
● You will not violate nor attempt to violate the security of the Service, including, without limitation:
o accessing data not intended for you, including logging into a server or account which you are not authorized to access;
o attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
o using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service;
o taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Garden Variety’s systems or networks, or any systems or networks connected to the Service or to Garden Variety’s systems;
o conducting a reverse look-up, tracing or seeking to trace any information on any other user to its source, or exploit the Service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
o attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing";
o disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Garden Variety’s ability to monitor or make available the Service; or
o taking any action in order to obtain services to which you are not entitled.
● You shall not transmit email or any other content that includes personal or identifying information about another person without that person's explicit consent.
● You shall not transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch".
● You shall not sublicense, reproduce, duplicate, copy, rent, lease, sell, resell, exploit, redistribute, modify, create derivative works from, reverse engineer, broadcast, distribute, disseminate, decompile, publish, transmit, translate, adapt or vary any of the Service, or any portion thereof, including but not limited to the Site, in any form or by any means whatsoever, be they physical, electronic or otherwise.
● You shall not remove any copyright, trademark or proprietary notices from any copies of the Service.
● You shall not create a database in electronic or structured manual form by systematically downloading and storing all or any of the Service.
● Your use of the Service cannot in any way harm or prejudice the image or perception of the Service or Garden Variety to others receiving the information on the Service.
14. Links to Other Sites & Resources
While the Service may contain links to external sites or resources, Garden Variety is not responsible for the content of any of the linked external sites or resources. Garden Variety provides these links as a convenience. GARDEN VARIETY DOES NOT ENDORSE ANY EXTERNAL SITE OR RESOURCE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR ITS CONTENT, PRODUCTS, SERVICES, ACCURACY, AUTHENTICITY, TIMELINESS OR COMPLETENESS. You access these linked external sites and resources at your own risk. You may find some content to be offensive, harmful, inaccurate, or deceptive. You agree that Garden Variety 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 reliance on any such content, products or services available on or through any such external sites or resources.
The Service may contain the opinions, advice, statements and views of other users. Given the interactive nature of the Service, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. Any opinions, advice, statements and views expressed or made available by third parties, including registered users and users, are those of the respective author(s) or distributor(s) and not of Garden Variety. GARDEN VARIETY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR VIEW MADE ON THE SERVICE BY ANYONE OTHER THAN AUTHORIZED GARDEN VARIETY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES.
15. Disclaimers and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE THAT THE SERVICE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY GARDEN VARIETY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU FURTHER AGREE THAT YOUR USE OF THE SERVICE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE BY GARDEN VARIETY SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, GARDEN VARIETY DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND/OR REPRESENTATIONS, EXPRESS, STATUTORY OR IMPLIED, IN CONNECTION WITH THE SERVICE, THE USER CONTENT, THE SITES AND RESOURCES LINKED TO THE SERVICE, ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, QUALITY, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, SUITABILITY OR ANY IMPLIED WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
GARDEN VARIETY MAKES NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE USER CONTENT, THE SERVICE AND/OR THE CONTENT OF ANY SITES OR RESOURCES LINKED TO THE SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR SAFETY OF ANY SITES OR RESOURCES LINKED TO THE SERVICE, THE USER CONTENT, THE SERVICE AND/OR THE SERVICES AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND GARDEN VARIETY ASSUMES NO LIABILITY OR RESPONSIBILITY THEREOF.
GARDEN VARIETY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (e) ANY ERRORS OR OMISSIONS IN THE SERVICE AND USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS OF THE SERVICE OR USER CONTENT DISTRIBUTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
YOU HAVE SOLE RESPONSIBILITY FOR ANY DECISIONS YOU MAKE BASED ON INFORMATION CONTAINED IN THE SERVICE. IF YOU USE THE SERVICE, YOU ARE AGREEING THAT THIS LIMITATION OF LIABILITY IS REASONABLE AND IN KEEPING WITH THE NATURE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GARDEN VARIETY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
GARDEN VARIETY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR ANY THIRD-PARTY MAY SUFFER AS A RESULT OF THE TRANSMISSION, STORAGE OR RECEIPT OF CONFIDENTIAL OR PROPRIETARY INFORMATION THAT YOU MAKE OR THAT YOU EXPRESSLY OR IMPLICITLY AUTHORIZE GARDEN VARIETY TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO ANY TRANSMITTED, STORED OR RECEIVED INFORMATION.
GARDEN VARIETY’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO GARDEN VARIETY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (B) $50 CANADIAN DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GARDEN VARIETY SHALL CREATE ANY WARRANTY.
18. Governing Law and Forum
You and Garden Variety expressly exclude the UN Convention on Contracts for the International Sale of Goods and The International Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time.
You consent to the exchange of information and documents between you and Garden Variety electronically over the internet or by email. You agree that this electronic agreement shall be equivalent of a written paper agreement between you and Garden Variety.
Any such termination by Garden Variety shall be in addition to and without prejudice to such rights and remedies as may be available to Garden Variety, including injunction and other equitable remedies.
(a) Entire Agreement
(c) Assignment and Enurement
(d) No Waiver
All article or section headings are for reference and convenience only and shall not be considered in the interpretation of this Agreement.
(g) Unsolicited Commercial Electronic Messages
The inclusion of any email addresses on the Service does not constitute consent to receiving unsolicited commercial electronic messages or SPAM.
(i) Read and Understood
21. Contact Us
If you have any questions, concerns or comments, please contact us at
Mailing Address: 10552763 Canada Corp. o/a “Garden Variety” 3400 One First Canadian Place Toronto, Ontario M5X 1A4
© Copyright (2019) 10552763 Canada Corp. o/a “Garden Variety”. All rights reserved.