This website is operated by Marlee Finch o/a Leef Designs, and all references to “Leef Designs”, "we", "us" and "our" shall be interpreted as such. In addition, “User”, “you” or “your” refers to any client, purchaser or user of this website.
These terms of use ("Terms") shall govern your access to and use of www.leefdesigns.ca (“Website”) which may be revised or modified by us from time to time, without any notice to you. By accessing and using the Website, you agree to be legally bound by these Terms, and our privacy policy (“Privacy Policy”), which can be found here. If you do not agree to these Terms or our Privacy Policy, immediately cease from accessing or using the Website.
It is important to note that these Terms do not apply to your use of the products and services (referred to as “Products and Services”) offered on our Website. The Terms and Privacy Policy applies to your use of our Website and content; content includes and is defined as any video, audio, online or printed text or documents, including, drafts, visual design, proposal, presentation booklet, UX design, proposal and Website layout, look, appearance, graphics of our Product and Services or any other material or aspects of materials provided by us to you, online articles, social media posts, testimonials, promotional posts of our work or other materials created by us that are provided to you through our Website or otherwise for your educational and informational purposes (“Content”).
Access to and use of our Products and Services are governed by the relevant agreements and statements of work, including your credit card authorization form, between you and Leef Designs that pertains to your use of the Products and Services (collectively referred to as the “Agreement”). In case of any inconsistency between these Terms, Privacy and the Agreement, the Agreement shall take precedence.
You consent to use our Website, and Content as described in the following paragraphs.
1. AT LEAST 18 YEARS OLD
Our Website, Product and Services and materials are intended solely for persons who are 18 years of age or older. Any registration by, use of, or access to our Website, online booking, or client portal and materials by anyone who is younger than 18 years of age is unauthorized, unlicensed and violates these Terms. By using our Website, online booking, and client portal, you represent and warrant that you are at least 18 years of age and agree to be bound by the Terms. Accessing, or using our Website, in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms.
2. CHANGES TO THE TERMS AND WESBITE
It is your responsibility to regularly review these Terms to ensure that you understand the terms and conditions governing your use of the Website. Your continued use of the Website following any changes to these Terms constitutes your acceptance of those changes. If you do not agree with the modifications to these Terms, you must immediately cease using the Website.
We further reserve the right to change or discontinue any aspect of our Website, and offerings such as our products, services, subscriptions, content, and client portal connected to our Website.
3. ONLINE BOOKING AND CLIENT PORTAL
By accessing and using the Website, you consent to participating in our online booking system and client portal (referred to as “Systems”). Your participation may require you to provide personal information to the third-party service provider governing the Systems. We are not responsible for the collection, use, or disclosure of your personal information by the third-party service provider. Your use of the Systems is subject to the terms and conditions of the respective third-party service provider, and we will not be held liable for any loss or damage. When you register and/or book online on the Website, or use our client portal, you agree to provide accurate and current information, maintain, and update the information, and be responsible for any necessary hardware or software needed for access and use.
4. INTELLECTUAL PROPERTY
Our Website, and Content are our property, and are protected by copyright, trademark, and other intellectual property laws. The Content, Products and Services, and Systems on our Website is solely owned by, or licensed to us, unless expressly indicated otherwise. Reproduction of our Website and Content is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
You may not copy, duplicate, distribute, sell, reproduce, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose or in any way that earns you or another person(s), business and/or legal entity money, except with our express written permission or as permitted by applicable laws.
You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that:
(a) you do not remove any copyright or proprietary notice from the Website and Content;
(b) such Content or our Website will not be copied or posted on any networked computer or published in any medium;
(c) no modifications are made to such Content or our Website;
(d) you cannot share or sell any part of our Website and Content to another person or business, so they can copy, reproduce, sell or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Website and Content;
(e) You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Website and Content for publication or compilation into your own services and resources for your own personal, business or commercial use or in any way that earns you or another person(s), business and/or legal entity money or for valuable consideration;
(f) You will not use our Website and Content in a manner that constitutes an infringement of our rights or that we have not first approved in writing; and
(g) You may not engage in Improper and/or Unauthorized Use of our Website and Content or any other information related to our Website and Content.
Our trademarks, taglines, colour scheme, and logos are owned or licenced by us. Unauthorised use such as framing, meta tags, or other text is prohibited, unless we provide you our written consent to use trademark titles or information bearing the trademark symbols (™) or (®). All other rights are reserved by us. All trademarks reproduced on our Website, of which we do not own or hold a licence, are acknowledged on our Website.
5. CONFIDENTIALITY
Our Privacy Policy forms part of these Terms of Use and may be found here.
6. AUTHORIZATION AND PAYMENT PERMISSION
You authorize us to automatically charge your credit or debit card for Products and Services agreed in your Agreement. Invoices must be paid prior to commencement of our services or services will be suspended until payment is made. You agree to only purchase Products and Services for yourself or another person with their express consent. You are financially responsible for all purchases made by you or someone acting on your behalf. Use of the Website must be for legitimate, non-commercial purposes only.
7. TERMINATION
We reserve the right to terminate your access to our Website and Systems at any time, without notice, for any reason whatsoever. Upon termination, you must immediately cease all use of our Products and Services, and any materials or Content obtained from us.
8. NO REFUND
We have a strict no refund policy. No refunds will be provided for any of our Products and Services for any reason. All sales are final upon signing the Agreement, with payment due by the designated due date of any outstanding amounts subject to the Agreement.
9. LATE PAYMENTS
If payment is not received by the due date, you will have a 3-day grace period. Failure to make payment within the grace period will result in immediate termination of services. If payment is delinquent, we may seek payment from you through a collection agency or legal counsel and reserve the right to report your delinquency to all three credit reporting agencies. For our month-to-month subscription plans, you must provide 30 days notice prior to cancellation.
10. CHARGEBACK THREATS, PAYMENT REVERSALS, CANCELLATIONS, AND ACTUAL CHARGEBACKS.
You agree that any type of chargeback, payment cancellation, or claim from your payment service constitutes a breach of these Terms. If we receive a chargeback threat, we reserve the right to report the incident to credit reporting agencies or any other entity for inclusion in any chargeback database, which could adversely affect your credit score. Chargeback abusers must make the payment for the amount of the chargeback to be removed from the database.
11. SHARING INFORMATION WITH PAYMENT PROCESSING COMPANY
All information collected during your purchase or transaction of our products, services or materials (e.g. name, address, method of payment, credit card number, and billing information) is collected by us and our third party payment processing company. We have no responsibility or liability for the privacy and data collection practices and policies of payment processing companies and merchants. Purchases may be subject to additional terms and conditions of the payment processing company, merchant, or us. You release us, our payment processing company, and merchants from any damages incurred from your purchase or use of our products, services or materials.
12. DISCLAIMERS
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Website and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Website. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Website.
Media Release
We appreciate your feedback and value your opinion. By providing us with a testimonial, you grant us permission to edit your comments for clarity, length, and grammar, but we will not change the meaning or intent of your words. If you do not wish to have your name, likeness, or testimonial used in our marketing materials or Website, please contact us at info@leefdesigns.ca to request that we remove your information.
Legal and Financial Disclaimer
Our services are not to be used for business, financial or legal advice. The information on our Website is not a substitute for professional advice that can be provided by your accountant, lawyer, or financial advisor. We are not providing financial or legal advice in any way. You should consult with your own accountant, lawyer, or financial advisor for any and all questions or concerns regarding your income and taxes. You agree we are not responsible for any results you may have due to actions you take based on the information presented through our Website, Content and other materials. You are solely responsible for your results.
Earnings Disclaimer
You acknowledge we make no representations regarding future income, expenses, sales volume, or profitability resulting from your use of our Website, and Content. We cannot guarantee any particular outcome, and you accept results may vary. We are not responsible for any choices, actions, results, use, misuse, or non-use of the information provided. Your results are solely your own and we are not liable for them.
Warranties Disclaimer
We make no warranties as to our Website, Content, and any other materials. You agree that our Website, Content, and any other materials are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website, Content, and any other materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content are free from viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Website, Content, Systems or materials or copy or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Technology Disclaimer
We try to ensure that the availability and delivery of our services and materials is uninterrupted and error-free, including our Content and communications disbursed in any form by us to you, including our Systems, messaging, email communications, videos, telephone/ Zoom calls, recorded Zoom calls, Google Meets, YouTube videos, downloadable templates or instructional how to guides, templates, or any other materials provided by us to you.
We cannot guarantee uninterrupted access to our Website, Content, or Systems as occasional suspensions or restrictions may be necessary for repairs, maintenance, or updates. We are not liable for any damages or refunds should access become unavailable or slow due to system backups, Internet traffic, upgrades, overloads, network failures, or other causes.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website and Content. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
13. FORCE MAJEURE
We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to the Terms caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, pandemics and other public health emergencies, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
14. THIRD PARTY LINKS
We may, from time to time, provide links and pointers to other websites maintained by third parties, including our Systems, that may take you outside of our Website. These links are provided for your convenience and the inclusion of any links on our Website to other websites does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included on our Website. We have no control over the contents or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. You are responsible for compliance to the terms of use and privacy policies governing any and all third-party vendors/websites/service providers.
15. INDEMNIFICATION
You agree at all times to defend, indemnify and hold us harmless, as well as any of our agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses on a solicitor client basis, arising out of or related to your use of our Website and/or Content and materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us, to the full extent permitted by applicable law.
16. LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, services or materials that you request on our Website. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Website, or in any way. In the event that you use our Website or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
17. RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on Website and Content, and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
18. YOUR CONDUCT
You hereby agree that you will not use our Website, Content and materials in any way that causes or is likely to cause our Website, Content and materials or access to them either to be interrupted, damaged, or impaired. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Website, Content and materials for lawful purposes only.
19. COMMUNICATION GUIDELINES
If you have a question or concern about product, or services, you may contact us by email at the email address provided on the last page of these Terms and we will do our best to reply to your question or concern.
20. DISPUTE RESOLUTION
It is our hope to resolve any differences or disputes amicably. In the event this is not possible, we agree to binding arbitration before a single arbitrator in Ontario. The only remedy awarded through arbitration is a full refund of payments made. No other damages may be granted. The party seeking arbitration must pay the arbitrator's fees and said fees are not recoverable. The decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction. The statute of limitations for arbitration is one year from the date of the email referenced above. The arbitration must take place in Toronto, Ontario and the winning party is entitled to reasonable lawyer's fees and costs to enforce the decision. In the event of a dispute, we agree not to engage in any conduct or communications designed to disparage us, our company, or any of our products, services or materials, except where requested by law or arbitration.
21. GOVERNING LAW
These Terms of Use and all contracts and agreements between us shall be construed and interpreted according to the laws and regulations of the province of Ontario and Canada.
22. SURVIVAL
The Terms, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our refund policy, will survive the termination of our agreement by either you or by us.
23. ENTIRE AGREEMENT
These Terms supersede all prior representations, arrangements, negotiations, understandings and agreements between you and us, both written and oral, relating to the Website and sets forth the entire complete and exclusive agreement and understanding between us. Further, neither of us has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set forth or referred to in these Terms.
24. SEVERABILITY
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.
25. CONTACTING US
If you have any questions about any provisions in these Terms, please contact us at info@leefdesigns.ca.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights under the General Data Protection Regulation (GDPR). We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. Your rights include:
1. **The Right to Access**: You have the right to request copies of your personal data that we hold.
2. **The Right to Rectification**: You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete information you believe is incomplete.
3. **The Right to Erasure**: You have the right to request that we erase your personal data, under certain conditions.
4. **The Right to Restrict Processing**: You have the right to request that we restrict the processing of your personal data, under certain conditions.
5. **The Right to Object to Processing**: You have the right to object to our processing of your personal data, under certain conditions.
6. **The Right to Data Portability**: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
7. **The Right to Withdraw Consent**: You have the right to withdraw your consent at any time where we relied on your consent to process your personal information. Please note that this will not affect the lawfulness of the processing before its withdrawal.
If you wish to exercise any of these rights, please contact us at info@leefdesigns.ca
Please note that we may ask you to verify your identity before responding to such requests to ensure the security of your data
Please note that we may ask you to verify your identity before responding to such requests to ensure the security of your data.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
