TERMS & CONDITIONS
By accessing this website, www.simpleyard.ca (“Our Site”), you agree to be bound by the following Terms and Conditions. Our Site is operated by Hero Service Corp.. Where we refer to “you” and “your” we are referring to any users of Our Site. Where we refer to “we” “us” and “ours” we are referring to Hero Service Corp. O/A Simple Yard, our successors, and assigns. We reserve the right, at our sole discretion, to change, add or remove portions of these Terms and Conditions.
Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, YOU MUST STOP USING OUR SITE IMMEDIATELY.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
Who we are
When using the words “we”, “us”, “our”, we are referring to Hero Service Corp. O/A Simple Yard, its successors and assigns.
Our Site is owned and operated by Hero Service Corp., an Alberta-based Canadian company, with the registered office of 22 Varview Place NW Calgary, AB T3A 0G5. Our Site is hosted through a hosting service provider.
Our Data Protection Officer can be contacted by email at email@example.com or by telephone at (587) 317-1575
We are not associated with any other companies or service providers that we may refer to on Our Site.
Access to Our Site
Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. While we make every effort to ensure that Our Site uses accurate and up-to-date information, you use and browse Our Site at your own risk. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site or any part of it is unavailable at any time or for any period of time.
Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Where you decide to follow any suggestions that might be provided, or you decide to seek the services of any third parties that are mentioned on Our Site, you do so at your own risk. It is therefore incumbent upon you to make all necessary inquiries in order to satisfy yourself that your decisions is sound.
You may access third party’s websites from Our Site, and where you do so, it is at your own risk. We neither assume nor accept responsibility or liability that results from your accessing those third party websites.
To the fullest extent permissible by law, we accept no liability to you for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
All Content included on Our Site is provided to you on an “AS IS” basis, without representations, warranties, conditions or guarantees (whether express, implied or statutory) including, but not limited to, implied representations, warranties, conditions or guarantees of merchantability, fitness or suitability for a particular purpose, accuracy, timeliness, reliability, security, truthfulness or completeness of information, durability, title, non-infringement of intellectual property rights, compatibility with any software and hardware.
Our Site is intended for non-commercial use only. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We exercise all reasonable skill and care to ensure that Our Site and the Content are free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Intellectual Property Rights
All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Hero Service Corp. O/A Simple Yard. All Content is protected by applicable Canadian and international intellectual property laws and treaties.
Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by us.
Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
Download Our Site (or any part of it) for caching;
Print one copy of any page from Our Site;
Download extracts from pages on Our Site; and
Save pages from Our Site for later and/or offline viewing.
Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a license from us (or our licensors, as appropriate) to do so.
Nothing in these Terms and Conditions limits or excludes the provisions of the applicable copyright legislation covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
Links to Our Site
You may link to Our Site provided that:
You do so in a fair and legal manner;
You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
You do not use any logos or trade marks displayed on Our Site without our express written permission; and
You do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
You may link to any page of Our Site, subject to section 6.3 below.
You may not link to Our Site from any other site the main content of which contains material that:
Constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability;
is sexually explicit;
is obscene, deliberately offensive, hateful or otherwise inflammatory;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
that solicits passwords, personal information, funds, goods and/or services or otherwise solicits information for unlawful purposes;
is calculated or is otherwise likely to deceive another person;
is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
implies any form of affiliation with us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
The content restrictions in sub-Clause 6.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 6.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Billing and Renewals
Our annual programs not only provide a major source of convenience for our clients, but also are time sensitive in nature being that there is a certain time each season specific services from each package should be applied. For these two reasons, the services booked you will continue year over year for the same package the client purchased in the previous year. While the start date will vary due to the weather and scheduling but your services will continue one a pay as you go model.
You can cancel, change their services, or prepay earlier based on current promotions at any time. Promotions cannot be combined.
Every year, we send a letter to your address on file notifying you of any next season discounts and informing them that their service renews year over year. We will communicate with you before the season starts to notify you which services are upcoming. If we don't hear from you before a service is done, your credit card will be charged for the amount of the service after the completion of the job. If you call us and inform us after the work was completed that this service was unwanted within 10 days of completing the work, we will provide you a refund for the charge. If you inform us that the work was unwanted past these 10 days, we have the right to keep the payment.
If you change your email or move to a new address, you must notify us of this change as we must assume each season that your property fields have stayed current unless otherwise stated and that the services are being expected.
Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorized access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
Any breaches of the provisions of sub-Clauses 8.3 to 8.5 will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Acceptable Usage Policy
You may only use Our Site in a manner that is lawful. Specifically:
you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
suspend, whether temporarily or permanently, your right to access Our Site;
issue you with a written warning;
take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
take further legal action against you as appropriate;
disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
Privacy, Cookies and Our Communications with You
We will never send you marketing emails of any kind without your consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include a method to unsubscribe. If you opt out of receiving emails from us at any time, it may take up to 10 business days for us to comply with your request. During that time, you may continue to receive emails from us.
For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at (587) 317-1575 or via our Contact page at https://www.simpleyard.ca/contact-us
Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
To contact us, please contact us at (587) 317-1575 or via our Contact page at https://www.simpleyard.ca/contact-us
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of Alberta and Canada.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 13.1 above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Alberta, Canada.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Alberta, Canada.