This Agreement was last revised on November 14^th, 2022.

I. OUR INTRODUCTION

www.therealtreemasters.ca (“Website”) welcomes you.  

We offer you access to our services through our “Website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website. 

II. DEFINITIONS

• “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
• “Service” or “Services” refers to any service defined below, which we may supply and which you may request via our website;
• “User”, “You”, “your” and “Customers” refers to the person who is accessing the website and paid for the services offered on the Website.
• “We”, “us”, and “our” are references to The Real Tree Masters Inc.;
• ”Website” shall mean and include “therealtreemasters.ca, and any successor Website of the Company or any of its affiliates;
• “Content” means text, graphics, images, software, audio, video, designs, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services;
• “User Account” shall mean an electronic account opened by the user with the Platform to avail of services offered through the Website;

III. INTERPRETATION

• All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
• Words importing any gender shall include all the other genders.
• Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
• All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.

IV. COMMITMENT AND SCOPE

• Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.

• Eligibility: Our service is not available to minors under the age of 18, if you are under the age of 18 then please take acceptance from your parents/guardians for using our website and services.

• Electronic Communication:When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

V. OUR SERVICES

The Real Tree Masters Inc. tree specialists is an arborist company located in Mississauga, Ontario. Our tree experts service commercial and residential properties in Toronto, North York, Etobicoke, Scarborough, Vaughan, Kleinburg, Woodbridge, Thornhill, Maple, Mississauga, Oakville, Brampton, Milton, Markham, Richmond Hill, Caledon, Halton Hills, Orangeville, and the surrounding areas. Our tree experts are fully insured to protect our customers and employees.

VI. MODIFICATIONS TO THE SERVICE

We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to our Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

VII. ACCOUNT

If you access this Website anonymously, you will not be required to create a username. But, to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

VIII. USER SUBMISSION

1. Content Responsibility.

The website permits you to post comments, feedback, etc. (“Content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

Please do not use content that:

• contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law;
• violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
• uses or attempts to use another’s account, password, service, or system transmits except as expressly permitted by the Terms and conditions
• uploads viruses or other harmful, disruptive, or destructive files;
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects;

Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website.

• BOOKING

For booking, the user can also use the website, email or call us directly.

On booking service, your invoice will be verified.  

• PAYMENT
  • All the payments shall be governed by our terms and conditions.
  • Payment mode shall be:
    • E-transfer, Cheque, Cash, Wire Transfer, Debit or Credit Card

Terms of Payment: All accounts are net payable upon receipt of invoice unless other arrangements have been made prior to the completion of work. A service charge of 2% per month, which is an annual percentage rate of 24%, will be added to accounts thirty days after the invoice date. If outside assistance is used to collect the amount, the customer is responsible for all costs associated with the collection including, but not limited to, attorney’s fees and court costs. When customers pay with a credit card, there will be a 2.2% surcharge.

You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons.

When you receive any services or products from the Company, you expressly authorize us (or our third-party payment processor) to charge you.

We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”).

You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.

When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges).

You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

• We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
• We take customer feedback very seriously and use it to constantly improve our products and quality of service.

XI. LIMITED GUARANTEE

By availing of our services:

• We provide an opportunity for you to avail of the offered Services from our Website;
• We do not provide any warranty or guarantee that the Courses and/or Service descriptions are accurate, complete, reliable, current, or error-free. If a service offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.

XII. GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service or course to any person, geographic region, or jurisdiction. We may use this right as per necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our website is invalid where banned.

XIII. GENERAL CONDITIONS

• We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
• We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
• The website is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
• CA reserves the right to suspend/terminate usage or access to the platform or system.
• Performance: Work crews will arrive at the job site unannounced unless otherwise noted here. The Real Tree Masters Inc. shall attempt to meet all scheduled dates, but not be liable for damages due to delays for inclement weather or other cause beyond its control. The customer shall not be relieved of his/her responsibility because of delays.
• Workmanship: All work will be performed in a professional manner by experienced personnel outfitted with the appropriate tools & equipment to complete the job properly. Unless otherwise indicated herein, The Real Tree Masters Inc. will remove wood, brush, and debris incidental to the work.
• Insurance: The Real Tree Masters Inc. is insured for liability resulting from injury to persons or property.
• Ownership: The customer warrant that all trees, and property, upon which work is to be performed, are either owned by him or that permission for the work has been obtained from the owner. The Real Tree Masters Inc. is to be held harmless from all claims for damages resulting from the customer’s failure to obtain such permission.
• Property Lines-Restrictions: Customer shall indicate to The Real Tree Masters Inc. the corners of the property and shall assume all responsibility for the accuracy of markers. Customer shall give a copy to The Real Tree Masters Inc. of any restrictions, easements, or rights of ways before commencement.
• Concealed Utility Lines: Customer represents that he/she has no knowledge of any concealed utility lines, other than those, if any, set forth on the face page of this Agreement as a special remark.
• Access to work: Customer shall provide free access to work areas for The Real Tree Masters’ employees and vehicles, and agrees to keep driveways clear and available for movement and parking of required trucks and equipment during normal work hours. The Real Tree Masters’ employees shall not be expected to keep any gates or doors closed during or after the completion of the work. The customer is fully responsible for removing all obstacles in the way or adjacent to the work zone, including furniture, BBQs, sheds, etc. In case of items are not removed by the customer, The Real Tree Masters will remove them, but will not be responsible for any damage to the items and any damage or injury caused resulting from the moving. The customer is responsible for checking that all items are in good status prior to employees leaving the property. Once employees have left the property, The Real Tree Masters will not be responsible for any of the moved items or any other damage that was not brought up to the employees’ attention while on the property.
• Concealed Contingencies: Customer agrees to pay The Real Tree Masters Inc. on a time and material basis for any additional work required to complete the job occasioned by concrete, other foreign matter, or stinging insects nests in the tree or trees or branches, rock, pipe, or electrical lines encountered in excavations and not described on the face of this Agreement, or any other condition not apparent in estimating the work specified.

XVI.  INDEMNITY

• User shall defend, indemnify and hold harmless Company from any third-party claims arising out of:
  1. misuse of the Service;
  2. breach of terms of this Agreement;
  3. breach of applicable laws;
  4. breach of policy.
• This indemnity shall survive the termination of this Agreement.

XIV. RELEASE

You release us and our successors from all losses, damages, rights, demands, and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arising from your use of the Services (collectively, “Claims”).

XV. CONFIDENTIALITY

Any materials provided by the Client/Customer in the course of using our service shall be kept confidential by us as against third parties, unless the disclosure is required under the process of law or unless the disclosure is to our’s financial auditors or governing regulatory bodies. Disclosing or using this information for any purpose beyond the scope of this Agreement.

XVI. YOUR COMMITMENT AND RESPONSIBILITIES

• You shall use the Website Service for a lawful purpose and comply with all the applicable laws;
• You shall not upload, any content that:
  • Defamatory, infringes any trademark, copyright, or proprietary rights of any person or affects anyone’s privacy, contains violence or hate speech, including any sensitive information about any person.
• You shall not use or access the Website for collecting any market research for some competing business;
• You will not use any device, scraper, or any automated thing to access our Website by any means without taking permission.
• You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;
• You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, transmission mechanism, software, or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
• You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

XVII. USAGE OF THIRD-PARTY CONTENT

At Therealtreemasters.ca, we have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm and/or damages resulting from the use or downloading of postings of other parties on the website.

XVII. RESTRICTION

To use our Services, you must:

1. Comply with applicable laws and regulations and not indulge in illegal activities;
2. Not involved in an activity that is harmful to us or our users, Service providers, or anyone else;
3. Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.
4. Protect your username and password;
5. Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and

We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement.

XVIII. EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.therealtreemasters.ca Website including loss of data or information or any kind of financial or physical loss or damage

In no event shall The Real Tree Masters Inc., be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and(iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage.

XVII. NO RESPONSIBILITY

We are not responsible to you for:

• any losses you suffer because the information you put on our website is inaccurate or incomplete; or
• any losses you suffer because you cannot use our website at any time; or
• any errors in or omissions from our website; or
• any losses you may suffer by relying on any commentary, postings, or reviews (of our services or that of our partners) on our website; or
• any unauthorized access or loss of personal information that is beyond our control.

XVII.  SPAM POLICY

You are strictly prohibited from using the Website or any of our’s Services for illegal spam activities (including gathering email addresses and personal information from others or sending any mass commercial emails), other than for the intended purposes of this website.

XVIII. THIRD-PARTY LINKS

We may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate with the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

XIX. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using the Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

XX. ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on our Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and no warranty shall be provided by us for its suitability for any purpose.

XXI. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Our website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.

We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties’ rights, and fitness for a particular purpose and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation to any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages.

The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any typographical, technical, or pricing errors recorded on the website.  The website may contain information on certain services, not all of which are available in every location.  A reference to a service on the websites does not suggest that such service is or will be accessible in your location.  We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.

XXII. COPYRIGHT AND TRADEMARK

We have provided certain materials such as graphics, logos, photos, design audio recordings, text, software, etc. (collectively referred to as “Content”). The Content may be possessed by us or third parties.   The unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You shall not modify or transfer any copyrighted content in any way for any public or commercial purpose.

If you violate any provision of this Agreement, your rights to access or use the website shall be terminated and you must with immediate effect destroy the copies you have created from the content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  

XXIII. INDEMNIFICATION

You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, and licensees and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content or the Website.  We shall provide you notice of such a claim, suit, or proceeding at your expense.  We reserve the right, at your expense, to undertake the exclusive defense and control of any case that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of the such matter.

XXIV. MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or unacceptable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause; with or without notice. We will have no liability to you or any third party because of such termination.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the Laws of Canada without giving effect to any principles of conflicts of law. The Courts of Ontario, Canada shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE       

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

We shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at info@therealtreemasters.ca.