Last Modified on May 19th, 2021
Please read our Terms carefully since they are legally binding and have sections which contain important information about use, rights, liability, and your obligations and matters related to disputes, including the exclusive use of arbitration to resolve disputes.
By agreeing to these Terms, you expressly acknowledge that you have read these Terms and agree to all of its respective terms and conditions. If you do not, or are unable to, agree to our Terms, please do not use our Services. For any clarification, please contact us via our Legal Questions webpage. Any continued use of the Services by you shall be considered as your consent and agreement to our Terms.
“Account” means your account that you registered on our Website for the purposes of accessing our Services, either as a Guest or a Host.
“Aggregated Information” means all information derived from your use of the Services and include without limitation, usage information, data and other content, provided however, such information shall not be able to reveal your identity.
“Certify” or “Certified” (as applicable in context) means being officially recognized as possessing a certain qualification, criteria or meeting certain standards.
“Company Content” means any Content provided by us on the Website in provision of Our Services.
“Content” means any information, text, document, articles, blogs, links, reports, data, databases, tools, e-mail, code, photographs, pictures, audio, video, postings, graphics (including illustrations and animations), comments, interfaces, webpages, files, software, product names, company names, trade-marks, logos, trade names, or other materials.
“Credentials” means Account log-in and other details which are relevant to your access to the Services.
“Grow-a-Row” means the program which aims to help people grow food on their lawns or at their community gardens, whether that be someone in need feeding themselves or someone growing food for their community.
“Handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of “Handle” and “Handling” has the same meaning depending on the context.
“Intellectual Property” means inventions, discoveries, or improvements (whether patented or able to be patented and whether or not reduced to practice), including patents, patent applications, certificates of invention, utility models, continuations, continuations-in-part, provisionals, divisions, reissues, renewals, re-examinations and extensions thereof; trade secrets, know-how, designs, methodologies, processes, rights in data, and similar rights; semiconductor chip protection and mask work right; the protection of works of authorship or expression and copyright (whether or not registered); trademark, trade names, service marks, logos, domain names and trade dress; and similar rights under any laws or international conventions throughout the world, whether now existing or hereafter arising or developed, including the right to apply for registrations, certificates, or renewals with respect thereto, the rights to prosecute, enforce, and obtain damages.
“Intellectual Property Rights” means any rights pertaining to Intellectual Property.
“Laws” means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.
“User” means anyone who is using our Services, whether or not he or she has an Account.
“User Content” means any Content submitted or otherwise shared by you in the course of the use of our Services and the provision of any exchange of information between Users.
“User Input” means any suggestions, modifications, editorial, criticism, or feedback submitted or otherwise shared by a User in the course of using our Website.
“Website” means (i) any website (including http://kwurbanharvester.org and https://kwuhportal.myturn.com) and a sub-domain or any such websites, and (ii) any portal in relation to such websites or any other website operated by us, in connection with the Services provided to you.
Understanding the Role of Each Party
We provide the Website and Services as an online network and service to
Our Role. We utilize our Website to:
share information on a variety of gardening and food related topics and connect and enable individuals to either obtain information on plots of lands on which they may garden (“Gardeners” or “Guests”) or offer plots of land (each a “Property”) on which Gardeners may grow items, as agreed upon between the parties (“Garden Providers” or “Hosts”);
distribute seeds, seedlings, and soil (“Materials”) to those interested in participating in our Grow-a-Row program who may have challenges purchasing these items;
collect garden tools (“Tools”) for donation to the KW Library of Things, where they are made freely available to their members;
find volunteers and staff who can help us distribute seeds, seedlings, and soil; grow seedlings; creating gardens; delivering produce; or help with other garden activities; and
find volunteers and staff who can help us, in any other way, deliver our programs and services (collectively, “Services”).
Our process and technology for accomplishing our Services is evolving. Currently, we obtain information from parties through forms available on the Website.
We are not an owner, operator, or provider of any Property, any Materials nor do we manage and/or control Properties or any other item or program made accessible through our Website.
We only facilitate connections between parties. We do not take any responsibility for the suitability of, safety related to, or any other feature of any item which may be exchanged, discussed, offered, or accepted by a person as part of the Services and our Website.
By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of a Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to impose liability on or seek any legal remedy from Company with respect to such actions or omissions.
We rely on Guests and Hosts to agree to the terms of engagement and use of any Property. If any dispute arises between such parties, or any person who is utilizing the Website for their benefit, the dispute is between such persons, and does not involve us.
We do not have any opinion about the suitability of a Property, or any of the items in the Services.
Each person using the Service does so completely at their own risk.
All Users are encouraged to interact with the other with the same caution that interacting with strangers demands in the ordinary course.
Right to Use. Subject to your compliance with the Terms, we grant you a non-transferable, non-sublicensable, limited and revocable right to: (i) access and use the Website for the purposes of transacting with other Users. Unless explicitly granted herein, no other rights are granted by Company and its licensors.
Registration and Account Set-up. You must create an Account on our Website in order to use some of our Services. Once an Account is created, you are responsible for managing the Account.
Credentials Management and Incidents. You shall: (1) keep your Credentials strictly confidential and secure; and (2) inform us immediately if the confidentiality of any part of your Credentials has been compromised (e.g. you or someone you authorized has shared your Credentials with a third party or you believe there is a credible chance of the security of your Account being compromised).
If we suspect any unauthorized access to your Account or that there is suspicious activity in relation to your Account, we retain the right, but do not have the obligation, to suspend your Account and take any other related action as we deem reasonable, and you agree to assist in executing such actions, which may involve your resetting of passwords or taking other measures as may be required.
If any communication you receive looks suspicious or has links that you do not expect, please do not open or click through. Instead, contact us via our Legal Questions webpage.
Cancellation by User. As a User, you may decide at any time to cancel your Account.
Cancellation by Company. We reserve the right to suspend, and if deemed appropriate, cancel your right to utilize our Services.
Fees and payment
Fee for our Services. There are no fees to open an Account on our Website.
Fee Changes. We may in the future implement a fee for certain current or future services offered through Company. If we revise our Fees, we shall notify you by posting the revisions on the Website or by sending you an email.
Currency. All fees and transactions shall be in Canadian dollars.
Representations, Warranties and Promises
You promise, as a User, that you shall not:
register for more than one Account;
misrepresent yourself, including on your profiles which you share with us,(e.g. represent to anyone in relation to Company that you are someone else or you are affiliated with someone that you are not, or that your qualifications are different than what they actually are);
share your Account log-in details with any person other than those expressly authorized by you;
make use of our Services to do anything other than to carry out activities which are normally related to activities conducted using our Services;
reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms in any part of our Services;
rent, lease, sell, resell, assign, timeshare, offer in a service bureau, or otherwise make any part of our Services available to any third party;
damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of our Services;
access our Services in order to build a commercially available product or service which competes with our Services;
copy any features, functions, integrations, interfaces or graphics which are part of our Services;
violate any Laws;
make statements on any part of Company on any topic associated with us and our Services which could reasonably be considered false or misleading;
willfully tamper with the security of our Website, including attempting to probe, scan or test the vulnerability of the Website or to breach its security or authentication measures;
share any sensitive data with us which, in the normal course of events, would demand special Handling and introduce a security burden on us that is not agreed upon by us in writing in advance of receipt of such data;
transmit any information, through our Website or in any other manner, which may be: (1) unlawful, threatening, abusive, libelous, defamatory, harassing, fraudulent, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane; (2) in violation of a third party’s Intellectual Property Rights or is subject to Intellectual Property Rights; (3) refutes or is contrary to what is set out anywhere in our Services; (4) is considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (5) contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and (6) violates the privacy of any third party; or
attempt to gain unauthorized access to our Services or our computer systems or networks through hacking, password mining or any other means.
We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the subsections (A) to (O) above.
As applicable, you promise further as a Host to:
not violate any Laws in your use of your Property or your engagement with a Guest;
not violate agreements or understandings you enter into with a Guest;
take all reasonable precautions in terms of safety on your Property;
have the appropriate amount of insurance for your purposes as you see fit;
not hold Company accountable for anything related to your Property, Material or Tools, as applicable.
As applicable, you promise further as a Guest to:
not violate any Laws in your use of a Property or do anything detrimental to the interests of your Host in your engagement with a Host;
not violate agreements or understandings you enter into with a Host;
not to hold Company accountable for anything related to your Property, Material or Tools, as applicable.
Ownership and Reservation of Rights to Intellectual Property.
Company and its licensors own rights, title and interest in the Website and in any Company Content and all Intellectual Property Rights therein. You will not obtain or assert any ownership interest in any such item as a result of your access to or use of our Services or our Website.
Right to Handle Your Data.
You agree that all such data may be, without further required consent by you, Handled by a third-party for (1) the third party’s own legitimate business purposes, (2) purposes which serve our business purposes, including transaction processing and data monitoring or storage, or (3) for regulatory or other reasons which are imposed on us in Canada, United States of America, or in any other jurisdiction in which we provide services or may otherwise decide to store or process such data.
Aggregated Information. We’ll own all Aggregated Information for any purpose we see fit, including but not limited to publication of, and creation of derivative works from the Aggregated Information, provided that such usage shall not reveal to a third party any confidential information or the identity of a Customer.
Governmental Disclosure. You agree that we may comply without further consent from you, to share your data and any transactional information in respect of your use of Services to the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental body.
User Input. We shall have a royalty-free, worldwide, transferrable, sub-licensable, irrevocable, perpetual license to use or incorporate into our Services any User Input. You shall have no obligation to provide such input. Although Company does not seek to monitor or control the submission of User Input, we reserve the right to delete, move and edit any User Input submitted where we feel it is necessary. User Input is the sole responsibility of the person or entity that provided the User Input. You shall be solely responsible for any consequences that may arise from your posting, providing or publishing Content on the Website.
Monitoring of User Activity and Privacy
Corrective Action and Notice
If you become aware of any actual or threatened activity associated with our Services which is prohibited by Section 5(b) (Restricted Actions), you shall immediately (a) take all reasonable and lawful measures within your control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to our Services), and (b) notify Company of any such actual or threatened activity.
Permission for Communication
We use email and other electronic means to stay in touch with you. You agree that when you provide us your e-mail address or personally identifying information (e.g. name, address) during or prior to access of our Services or use of any other service or tool provided through or on the Website, you: (1) consent to receive communications from us, our affiliates, and the applicable Users, with whom you may be communicating through our Services, in electronic formats, including via the email address you have submitted or other agreed upon contact methods; (2) can opt-out from receiving communication from any such party at any time by completing the formalities on the Website, but we do not take on any liability for any communication of another party to you, particularly if you have provided your contact information to them independently rather than using the communication functions of the Website; and (3) agree that our Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.
IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN OUR TERMS, OUR SERVICES , INCLUDING ALL CONTENT AND FUNCTIONS, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY.
COMPANY DOES NOT CERTIFY ANY CONTENT, PROPERTY, MATERIAL OR TOOLS AND ANY OTHER ITEM, INFORMATION OR SUGGESTION WHICH MAY APPEAR OR BE REFERENCED IN COMPANY WEBSITE. RELIANCE ON ANY COMPANY CONTENT AND ANY OTHER INFORMATION, HOWEVER PRESENTED OR OBTAINED THROUGH OUR SERVICES, IS SOLELY AT YOUR OWN RISK. NOTHING COMPANY SAYS OR SUGGESTS SHOULD BE INTERPRETED AS COMPANY PROVIDING A WARRANTY IN RESPECT OF MATERIALS, TOOLS AND PROPERTIES.
ALTHOUGH OUR SERVICES MAY PROVIDE ACCESS TO ITEMS AND PROPERTY WHICH MAY BE OF INTEREST TO YOU, WE ASSUME NO OBLIGATION AND PROVIDE NO GUARANTEES WHATSOEVER IN CONNECTION WITH THE OUTCOME OF SUCH ACCESS. WE ARE NOT RESPONSIBLE TO ANY USER FOR THE CONDUCT OF ANY PERSON, THE POTENTIAL DANGERS ON A PROPERTY OR IN RELATION TO MATERIALS OR TOOLS, AND ANY DAMAGE YOU SUFFER WHICH IS CAUSED BY ANY WILLFUL OR NEGLIGENT CONDUCT OF SUCH PERSON, INCLUDING MISBEHAVIORS AND HARMFUL ACTIONS, INCLUDING, IF APPLICABLE POOR, INAPPROPRIATE OR BAD-FAITH REVIEWS ABOUT YOU, OR ANY OTHER ACTION WHICH MAY VIOLATE ANY LAWS.
ALL THIRD PARTY MATERIALS OR SERVICES ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY CONCERNING ANY THIRD PARTY MATERIALS OR SERVICES IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD PARTY MATERIALS OR SERVICES.
TO THE FULLEST EXTENT OF THE LAW, WE DO NOT REPRESENT THAT ANY INFORMATION EXCHANGED BETWEEN PARTIES IN THE PROVISION OF SERVICES IS SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH.
USERS ARE SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. USERS SHOULD TAKE ALL REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET ON A PROPERTY OR ANYWHERE ELSE IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
Release and Indemnification
We may, at our sole discretion and expense, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
Waiver against Hosts. As a Guest, YOU HEREBY FREELY, VOLUNTARILY AND WITHOUT DURESS RELEASES HOSTS FROM ALL LIABILITY UNDER THE FOLLOWING TERMS:
Acknowledgement and Assumption of Risk. Guest acknowledges that use of the Property by Guest (the “Activity”) might cause injuries, death, property damage or other harm to Guest or third parties. Guest accepts and voluntarily incurs all risks of any such injuries, damages or harm which arise during or result from the Activity except only to the extent caused by the gross negligence or intentional misconduct of the Host or its agents and representatives. Guests agree that Company has no role in providing any oversight, supervision, information or certification in respect of any Property, Materials or Tools and any reviews or other comments made on a Website are not warranties and should not be relied on - Guests should perform their own due diligence on all such items.
Waiver and Release. Guest waives releases and forever discharges all claims against the Host and its agents and representatives (hereinafter collectively “Released Host Parties”) for any injuries, damages, losses or claims, whether known and unknown, which arise during or result from the Activity, except only to the extent caused by the sole gross negligence or intentional misconduct of any of the Released Host Parties.
Indemnification. Guests agrees to indemnify and hold the Released Hosts Parties harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys’ fees and other litigation costs and expenses) incurred by any of the Released Host Parties as a result of any claims or suits brought against any of the Released Host Parties to recover any losses, liabilities, costs, damages or expenses which arise during or result from the Activity, except only to the extent caused by the gross negligence or intentional misconduct of any of the Hosts Released Parties.
Under no circumstances shall Company Indemnified Parties be liable to a person for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of our Services. This includes, but is not limited to, any loss of profit, earnings, anticipated earnings, interruption or loss of business, or any consequential losses, problems, or fault however arising out of the use of our Services.
Under no circumstances shall Company Indemnified Parties be liable to you or any person with respect to damages arising in respect of any Services, products or goods received through, advertised on, or provided using the Website. Under no circumstances shall Company Indemnified Parties, be liable to you or any person for the acts, omissions or conduct of any User. WITHOUT LIMITING THE FOREGOING IN THIS SECTION ENTITLED “LIABILITY” THE LIMIT ON COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO ANYTHING UNDER OUR TERMS SHALL BE $1.
Term and Termination
Our Terms shall be deemed to be applicable to you upon your use of our Services, including submission of any information to us, and shall terminate only upon an actual deletion or deactivation of your Account through the means provided on the Website. Abandonment or non-use of an Account may not lead to an automatic termination of your Account.
We may terminate your access to all or any part of our Services at any time, with or without cause and with or without notice, effective immediately and for any reason deemed appropriate in our sole discretion.
we may retain any of your data in our backups, archives and disaster recovery systems until such data is deleted in the ordinary course; and
all information and materials described in subsection 13(e)(i) above shall remain subject to all confidentiality, security and other applicable requirements of our Terms.
Modification of our Terms
Our Terms and any access to or use of our Services shall be governed by, and construed in accordance with the internal laws of the Province of Ontario and the federal laws of Canada, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario.
Waiver of Class Proceedings
You hereby waive any right you may have to commence or participate in any class action lawsuit against Company related to any claim, dispute or controversy and, where applicable, you hereby agree to opt out of any class proceeding against Company otherwise commenced.
If any portion or provision of our Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our Terms, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted by law.
Headings and Summaries
Except as otherwise stated in our Terms or as expressly required by law, any notice to us, including for purposes of termination, shall be given in writing via our Legal Questions webpage.
Any notice to you shall be given to the most current email address in your Account.
Other Rules of Interpretation
Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” is not exclusive; the words “including”, “includes” and “include” mean “including without limitation”; and “shall” and “will” means “must”, all three of which can be changed interchangeably and shall not mean “may”.
No Waiver of Promises
Failure by any party to insist upon the strict performance of any of the promises, agreements, terms, provisions or conditions contained in our Terms or to exercise any election shall not be construed as a waiver or relinquishment of such promise, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.