Terms and Conditions Cultiville

1. Language of the Consent

This is the English version of the contract. The French version of this contract must be examined by the parties first. If you choose to then enter into the contract in English exclusively, then it is understood that the parties hereto have expressly required that this Agreement be drafted in English.

2. Who We Are and What This Policy Covers

Hi! We are the team behind www.Cultiville.com. Please read these Terms of Use carefully. If you have any questions, you can email us at sophie@cultiville.com.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree that you have read, understood, and agree to all of the Terms, Payment Terms (defined below), operating rules, standards, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). If you do not agree with these Terms, you must immediately discontinue using the Site. You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes, and your continued use of or access to the Services constitutes your acceptance of the revised Agreement.

Please note that our site contains links to third parties. These Terms of Use do not apply to any of those companies’ web sites, and they have their own Terms of Use which should be referred to in order to obtain more information.

These Terms and Conditions (“Terms”) govern your access to and use of the products and services we provide through the website (“Site”) http://www.cultiville.com, emails, and other online products and services (collectively, “Services”).

3. Creative Commons Sharealike License

This Terms of Use Policy was adapted from Automattic‘s Terms of Service which was made available under a Creative Commons Sharealike licence.

4. General Terms and Definitions

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorised to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

The access to and use of the Site and our Services collectively (“Platform”, “Cultiville Platform) are offered to you (“Homeowner”, “Gardener”, “User”, “Users”, “you”) under the acceptance of the Terms, which includes the privacy policy (“Privacy Policy”). Gardeners can rent a Garden Plot (“Garden”, “Garden Plot”, “Garden Lot”, “Plot”) from a Homeowner through the use of our Platform. The Agreement is a contract involving you and the website operator, Cultiville Inc. (“Cultiville”, “we”, “us”, “our”). We are located in Montreal (Canada) and can be contacted at 296-365 Rue Sainte-Catherine Est, Montreal, Quebec H2X 3X2.

5. Privacy Policy

The Privacy Policy explains how we use, collect, and share information about you when using or accessing our Services. Through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy. If you’d like to learn about how we handle the data you provide us, please take the time to read our Privacy Policy.

6. Minimum Age Requirements

You may use our Services only if you can legally form a binding contract with us. In other words, you must be at least 18 years of age to access or use our Platform. If you register as a user or otherwise use our Platform, you represent that you’re at least 18.

7. Your Account

When using our Platform requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. Registering for a Cultiville Account involves providing us with your e-mail address and creating a password. We may limit your access to our Services until we’re able to verify your account information, like your email address.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.

Don’t share or misuse your access credentials. Notify us immediately of any unauthorised uses of your account, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

We may need to send you emails about notable updates (like changes to our Terms or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Platform so you can make informed choices in response.

8. Extent of Services

As an online marketplace, Cultiville operates as a matching service provider, connecting Homeowners to Gardeners. We do not own or control any of the Garden Plots or participate in any gardening activities.

Cultiville allows “Homeowners” who offer services (“Homeowner Services”) to publish their Homeowner Services (“Listings”) on our Platform , which include access to their property and use of their land (“Garden”) for the activity of tending and cultivating a garden, (“Gardening”), as well as other amenities Homeowners may provide. Garden Plot reservations are long-term, with a duration of at least 3 months.

Gardeners who are interested in booking these Homeowner Services can use functions like Search and Book to reserve these Homeowner Services.

Cultiville offers a Messaging function to Users, allowing Homeowners and Gardeners to discuss a possible booking without having to release personal information such as email or phone numbers.

Cultiville also provides transparency facilitation services through the provision of tools to Users. To reduce ambiguities, Users can access tools such as suggested discussion points and agreement templates upon the confirmation of a Garden Plot Reservation.

As a limited payment collection agent, Cultiville facilitates the payment process between Homeowner and Gardeners.

9. Site Availability Disclaimer

You can access the Cultiville website 24/7, unless there’s an event outside of Cultiville’s control or a technical issue with the website. However, Cultiville doesn’t guarantee that the website will always be available or free from interruptions. The content on the website may also be removed without notice, and Cultiville doesn’t guarantee that the information on the website is always accurate, complete, or up-to-date.

Cultiville is not responsible for any issues related to the internet or phone network, which may cause problems with our website, as they are outside of our control. Sometimes we may need to limit parts of our website temporarily in order to fix or improve them. Users will be notified of any such major changes to our website.

10. Security and Confidentiality Disclaimer

It is important to keep your Cultiville account credentials secure and confidential. Do not share them with anyone else. If you suspect that your account credentials have been lost, stolen, or used without your permission, or if you notice any unauthorised activity on your Cultiville account, please let us know immediately. You are responsible for all actions taken through your Cultiville account, except in cases where the actions were unauthorised and you reported the issue promptly.

11. Intellectual Property

The Agreement doesn’t transfer any Cultville or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Cultiville and you) solely with Cultiville. All trademarks, service marks, graphics, and logos used in connection with our Platform may be trademarks or registered trademarks of Cultiville. Other trademarks, service marks, graphics, and logos used in connection with our Platform may be the trademarks of other third parties. Using our Platform doesn’t grant you any right or licence to reproduce or otherwise use any Cultiville or third-party trademarks.

12. Third-Party Services

While using our Platform, you may use links to third-party services or websites (“Third-Party Services”) provided or manufactured by a third party (“Third-Party Services”). Users must act appropriately and avoid sharing their Cultiville usernames and passwords with third parties.

13. Site Prohibited Activities

The site can not be used in connection with any commercial activities except those that have been approved by Cultiville.

As a User of our Site, it is prohibited to:

Use the Garden Plots for commercial use
Contact another User for any purpose other than asking a question related to a listing, Garden, contract, or their use of the Platform.
Solicit or recruit any Homeowner to join third-party services or websites that compete with Cultiville.
Falsify or misrepresent yourself, misrepresent your affiliation with any entity, or impersonate any entity.
Use automated software, robots, or other means to access, scrape, crawl, or spider any web pages or services on the Platform.
Use automated scripts to collect information or interact with the Platform.
Disintermediation between Users, which refers to conducting offline transactions, is strictly prohibited.
Submit any listing with false or misleading information or a price you don’t intend on keeping.
Engage in abusive, harassing, stalking, or disruptive behaviour on the Platform.
Post text, files, photos and other materials (collectively, “Content”) that infringes on any third party’s intellectual property rights, violates any laws or regulations, is fraudulent, defamatory, obscene, pornographic, or harmful to minors, or encourages any conduct that would violate this condition.
Break any laws or regulations, including zoning and tax regulations.
Access or use any Cultiville Content that it in any way that violates the privacy rights of Cultiville’s users or any other third party
Access or use any Cultiville Content that is not publicly displayed by Cultiville in its search results or listing pages.
Use the Platform in a way that misleads others as to your affiliation with Cultiville.
Harm the Cultiville brand through the unauthorised use of domains, trademarks, or other identifiers that are confusingly similar to Cultiville.
Copy, store, or use any information on the Platform for purposes that are forbidden by the Terms.
Infringe on the intellectual property, privacy, publicity, or contractual rights of Cultiville or any other entity.
Damage or interfere with the Platform, including through the use of harmful code viruses, or other methods or technology.
Use the Platform to transmit any information about any other User, including personal contact information or account numbers, without their permission.
Use the Platform to distribute unsolicited commercial emails or advertisements.
Offer any Garden Plot as a Homeowner that you do not own.
Register more than one Cultiville Account, register for an account on behalf of someone else.
Violate these Terms, our policies, standards, or community guidelines.

14. Termination Terms

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms.

We reserve the right to (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement, part of any other Cultiville policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason.

We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees and Payment sections of these Terms.

15. Fees and payment authorizations

Cultiville may charge Homeowners or Gardeners fees called Service Fees (“Service Fees”, Service Fee”), which is disclosed to our Users upon booking a Garden, or publishing a Garden. Cultiville will show Homeowners any applicable Service Fees, which may include any applicable Taxes, third-party processing fees, and our commission fee.

We may change these Service Fees, but Users will receive sufficient notice before any changes take effect. Any fee changes will not impact reservations made prior to the effective date of the change.

Users are responsible for paying any Service Fees they owe to Cultiville. Upon checkout, Gardeners are charged the Listing Price (“Listing Price”) and any applicable Service Fees which includes third-party processing fees and any taxes, if applicable) are collected by Cultiville. We deduct any our Service Fee from the Total Price received from the Gardener before remitting the payout to the Homeowner.

16. Payment services

All payments are independently processed through third-party services. Therefore, Cultiville does not collect any payment information – such as credit card or debit details – but only receives a notification once the payment has been successfully completed.

17. Cultiville as a Limited Payment Collection Agent

Homeowners receiving payment for their Homeowner Services through our Platform appoint Cultiville as their limited payment collection agent for the limited purpose of accepting funds from Gardeners who are purchasing such Homeowner Services. As a limited payment collection agent, we are limited

Users agree that payments made by a Gardener are to be considered the same as a payment that was made directly to the Homeowner. The Homeowner will provide the purchased Homeowner Services to the Gardener in the same agreed-on manner regardless of if the Homeowner received payment directly from the Gardener, or if the Homeowner received payment through Cultiville.

Homeowners acknowledge that Cultiville’s obligation to pay the Homeowner is conditional upon the successful receipt of the associated payments from Gardeners. We guarantee payments to Homeowners only for amounts we have successfully received from the Gardener.

Gardeners acknowledge that Cultiville acts as the Homeowner’s limited payment collection agent for the sole and limited purpose of accepting payments from the Gardener on behalf of the Homeowner. Once the Gardener pays the funds to Cultville, the Gardener’s payment obligation to the Homeowner is extinguished. Cultiville is then responsible for remitting these funds to the Homeowner If ever Cultiville does not remit these amounts, the Homeowner can only seek recourse from Cultiville and not from the Gardener directly.

Users authorise Cultiville to collect from you:

Any amounts due from Users for various purposes, including reservations, and other actions on the Cultiville Platform by charging the payment method on file or withholding amounts from future payouts to collect the owed funds.
Any payments on behalf of Homeowners and reimburse them accordingly
Any additional fees that may be charged for delinquent amounts or chargebacks, including collection fees and third-party charges.

18. Cancellations and Refunds

The Cultiville platform serves as a matchmaking and payment facilitation service, and therefore does not guarantee the accuracy, completeness, or timeliness of the information provided by Homeowners. As such, Gardeners acknowledge and accept that any decisions or actions taken based on the information provided by Homeowners are done at their own risk.

Please note that Cultiville charges non-refundable Service Fees for using the platform. These fees are separate from the rental transaction and are not eligible for refund under normal circumstances.

Refunds within the first 7 days: Cancellations made within the initial 7 days from the reservation start date will be fully refunded, excluding Cultiville’s service fees. The entire rental amount will be reimbursed.

Refunds after the first 7 days: Following this initial period, partial refunds will be offered based on the total reservation amount and the remaining days in the booking.

Cultiville encourages Homeowners and Gardeners to communicate directly and attempt to resolve refund and cancellation requests respectfully. As the primary parties involved in the rental transaction, it is expected that they will work together to find a satisfactory resolution.

In the event that Homeowners and Gardeners are unable to reach a mutual agreement regarding refunds and cancellations, Cultiville may provide mediation or dispute resolution services to facilitate the resolution process. However, the ultimate responsibility for issuing refunds rests with the primary parties involved in the rental transaction.

In the event of any inconsistencies or inaccuracies in the information provided from either of the parties, we invite you to contact us at sophie@cultiville.com so we can promptly address such issues by contacting the other party.

19. Taxes

By using the Platform as a Homeowner, you acknowledge and agree that your relationship with Cultiville is that of an independent, third-party contractor. This means that you are not considered an employee, agent, or partner of Cultiville for any reason, and that you act exclusively on your own behalf and for your own benefit, and not on behalf or for the benefit of Cultiville.

Cultiville does not direct or control you, nor do we control your performance related to the provision of your Homeowner services.

As third-party contractors to Cultiville, Homeowners acknowledge that they are responsible for reporting any income they made from their Listings as self-employment on their income tax returns. You are solely responsible for setting the price for your listing, which includes any taxes, if applicable. It is important for Homeowners to keep accurate records of any income, including any fees or payments, received through our Platform. Cultiville does not withhold any taxes on behalf of Homeowners.

Please note that tax laws and regulations can vary between jurisdictions, and it is the responsibility of Homeowners to understand and fulfil the tax obligations of their jurisdiction. Cultiville does not provide tax advice and recommends seeking professional guidance for any tax-related concerns.

20. Terms specific to Homeowners

When creating a Listing on our Platform, Homeowners must provide complete and up-to-date information in their Profile and Listings (such as listing location, amenities, description and availability) at all times. All photos used in a Listing must accurately reflect the condition and quality of your Homeowner Services. Cultiville reserves the right to require that Listings have a minimum of 1 Image of a certain format, size and resolution.

It is the Homeowner’s responsibility to set a price for your Listing, as the Listing Price. Once a Gardener requests a booking of your Listing, you may not request that the Gardener pays a higher price than in the booking request. Homeowners are allowed to rent up to five (5) Garden Plots per property per season. Homeowners must disclose any deficiencies or restrictions (such as Garden Plot rules), and provide any other relevant information requested by Cultiville.

The placement and ranking of Listings in search results on our Platform may vary due to a variety of Gardener search parameters, such as Homeowner requirements, price and availability, number and quality of photos, type of Homeowner Service, and/or ease of booking.

When a Homeowner receives a booking request made by a Gardener, they are entering into a legally binding agreement with the Gardener. This means that the Homeowner is required to provide their Homeowner Service to the Gardener as described in the Listing when the booking request was made. Any information provided in the Listing is deemed to form part of the contract. Any subsequent information communicated through the Cultiville Platform’s messaging system or otherwise will also be deemed to form part of the agreement. Information may include (but is not limited to) the extent of Homeowner Services provided, such as the rental duration, limitations to access, or any other additional Terms as specified by the Homeowner.

Any Listing posted or booked will not (i) breach any agreements entered into with any third parties, such a Building Management agreement, or other agreements, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required rights, licences and registrations).

All rental agreements are to be completed through our Platform, regardless of whether the Garden Plot is listed as a paid Garden Plot or for free. Attempts to take transactions offline may result in the permanent removal of your account from our Platform.

Upon receiving the payment for the Listing from the Gardener, Cultiville will remit the Listing Price 1 to 5 business days after receiving the payment made by the Gardener. Gardeners are notified to pay at the time the booking is confirmed by the Homeowner. Cultiville reserves the right to offer occasional discounts.

21. Terms specific to Gardeners

Gardeners can request to book a Listing available on the Platform through the respective booking process, once the Gardener meets any requirements (such as Profile creation) set by Cultiville or the Homeowner. Gardeners are allowed to rent up to five (5) Garden Plots per season. All applicable fees (if any), including the Service and any applicable Taxes, will be presented to Gardeners prior to booking. You agree to pay the Total Price for any booking requested in connection with your Cultiville Account.

Cultiville will collect the Total Price at the time of payment made by the Gardener, or on the first day of the booking, whichever is first. Gardeners are notified to pay at the time the booking is confirmed by the Homeowner. Cultiville reserves the right to offer occasional discounts.

When a Homeowner receives a booking request made by a Gardener, both parties enter into a legally binding agreement with one another. This agreement is subject to any applicable terms of the Homeowner, including in particular the applicable refund and cancellation policy of the Homeowner, any rules or restrictions specified in the Listing, or in any subsequent communication between the Homeowner and Gardener through our Platform or otherwise.

If you book a Homeowner Service on behalf of additional Gardeners, it is your responsibility to ensure that every additional Gardener meets any requirements set by the Homeowner. By booking on behalf of additional Gardeners, you agree that they are aware of and agree to these Terms and any additional terms, rules and restrictions set by the Homeowner.

Gardeners understand that a confirmed booking of a Garden Plot is a limited licence granted to you by the Homeowner to enter, occupy and use the Garden Plot for the duration of your agreement for the purposes of Gardening. During the duration of the agreement, the Homeowner retains the right to enter and occupy the Garden Plot at their discretion.

Gardeners are responsible for leaving the Garden Plot in at least as good of a condition as it was when they arrived.

Gardeners agree to leave the Garden Plot as mutually agreed upon between the Homeowner and the Gardener. If you re-enter the Garden Plot without the Homeowner’s consent at a date after the agreed upon vacate time, you no longer have a licence to access the Plot. In this instance, the Homeowner is entitled to make you leave in a manner consistent with applicable law. Additionally, you agree to pay any legal expenses incurred by the Homeowner related to making you leave if you re-enter the Garden Plot without consent, if it is requested by the Homeowner.

Gardeners understand that any presence at the Garden Plot is subject to the agreement between the Gardener and Homeowner. The Gardener must obtain permission from the Homeowner as to the timing and frequency of the Gardener’s visits to the Garden Plot at the beginning of your rental period. This permission is subject to change depending on the ongoing agreement between Homeowner and Gardener.

22. Payment collections

If Cultiville is unable to collect any amounts you owe under these Terms, Cultiville may make collection efforts limited to sending email notifications, or temporarily suspending your access to the platform. Authorised charges are considered overdue if 120 days have passed since the first attempted charge or the associated services were provided, whichever is later. If any overdue amounts remain uncollected, Cultiville will consider them in default after 365 days have passed since the first attempted charge or the first day associated services were provided, whichever is later. Please note that all communications regarding owed amounts will be conducted by Cultiville, or by anyone on their behalf, which includes but is not limited to a third-party collection agent.

23. Payment Processing Errors

If we discover any errors in the payment processing, we will take necessary actions to fix them. This may involve adjusting the amount by either adding or subtracting from the same method of payment that was initially used for the transaction. In other words, we will make sure you receive or pay the correct amount. These adjustments may be carried out by Cultiville or a third party, such as your bank.

24. Limitations of liability

Cultiville does not own or control Garden Plots or participate in any gardening activities. While we strive for accuracy and reliability, Cultiville does not guarantee the suitability, safety, or quality of the Garden Plots or the behaviour of Users or the content they generate. Users should conduct their own due diligence and make informed decisions. Gardeners engaging in the cultivation of edible plants assume any associated risks at their own discretion.

Cultiville is not responsible for user activities or files stored on our Platform. However, if we become aware of illicit activities or circumstances indicating such use, Cultiville reserves the right to promptly block access to prevent further activity. Cultiville, its site owner, and group members shall not assume any liability for any direct damages of any nature, related to the use of or inability to use this website or the content or services offered. This includes, but is not limited to, any issues arising from the misuse, misconduct, misrepresentation, or gross negligence of Users.

We strongly recommend that all Users obtain their own insurance coverage to protect against any potential risks or liabilities associated with their use of Garden Plots. Cultiville does not provide insurance coverage to its Users and shall not be held responsible for any damages, losses, or injuries incurred. Any agreements or arrangements entered into between Users are solely between them and do not involve Cultiville.

While we strive to ensure the accuracy and reliability of the information provided on our platform, Cultiville does not guarantee the suitability, safety, or quality of any Garden Plot or the conduct of any User both in-person and online. Users are responsible for conducting their own due diligence and making informed decisions when engaging with other users.

Cultiville, its site owner, and group members shall not assume any liability for any loss of enjoyment of the Garden Plot or any default of any User to fulfil their obligations. Furthermore, Cultiville shall not be liable for any incidental, consequential, direct, or indirect damages arising from or in relation to contracts made between the Homeowner and Gardener in relation to land use and property access.

Cultiville is not responsible for any disruptions, technical issues, or interruptions in the availability or accessibility of our platform. While we strive to maintain a secure and reliable platform, we cannot guarantee the absence of viruses, malware, or unauthorised access.

Cultiville is not liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of our platform, including but not limited to loss of profits, data, or goodwill, unless such damages resulted from gross negligence or wilful misconduct on Cultiville’s part. Cultivlle’s liability is limited to the amount of fees paid for the use of our Platform.

25. User Dispute Resolution, Damage to the Garden Plot

Users are responsible for their own acts and omissions, as well as those of any guests you invite to the Garden. Further guidelines for handling disputes will be provided to Users upon a booking and prior to payment.

Gardeners are responsible for leaving the Garden Plot in at least as good of a condition as it was when they arrived.

As a matchmaking service, any disputes or claims between Homeowners and Gardeners are directly and exclusively between them. In the event of any claim or dispute arising between Homeowners and their Gardner, Cultiville shall not be involved or held liable in any way. Users acknowledge and agree that Cultiville is not responsible for any damages, financial loss, or information loss that may result from such transactions.

26. Governing Law and Jurisdiction

These Terms, our other Policies, and any dispute arising out of or in connection with these Terms, including any questions regarding their existence, validity, or termination, shall be governed by the laws of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. Any legal action or proceeding arising from or related to these Terms shall be brought exclusively in the courts located in Montreal, Quebec, and each party hereby submits to the personal jurisdiction and venue of such courts for the purpose of such action or proceeding.

If a court determines that any part of this Agreement is invalid, illegal, or unenforceable, the remaining parts of the Agreement will still be valid and enforceable.

Neither party will be considered at fault or responsible for any delay or failure to fulfil their obligations under this Agreement (except for payment obligations) if it’s due to circumstances beyond their control, such as natural disasters, government actions, or supply shortages. This Agreement represents the entire agreement between the parties regarding its subject matter and replaces any previous written or verbal agreements.

27. Indemnity

Users agree to defend, indemnify, and not hold Cultiville, its affiliates, and their directors, officers, employees, and agents responsible for any claims and costs, including reasonable legal fees, that arise due to the User’s violation of the promises, guarantees, or other responsibilities mentioned in this Agreement or other Policies, that occurred during the use of our Platform and Services.

28. No third party beneficiaries

This Agreement does not benefit any third parties. It is not intended to and will not be understood as creating any claims for third parties.