Terms & Conditions.

Last updated: May 7, 2026

Please read these Terms and Conditions carefully before using this website. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of them, you may not use the Service.

1. Interpretation and Definitions

Interpretation

Capitalised terms have the meanings defined below and apply whether they appear in singular or plural form.

Definitions

Company (referred to as “we”, “us”, or “our”) refers to Whitby Tree Service.

Country refers to Ontario, Canada.

Device means any device that can access the Service, such as a computer, phone, or tablet.

Service refers to this website and its function of connecting users with local tree care professionals.

Service Provider means any independent contractor, business, or tradesperson to whom we may forward or refer your inquiry.

Terms means these Terms and Conditions, which form the entire agreement between you and the Company regarding your use of the Service.

Website refers to Whitby Tree Service, accessible at whitbytreeservice.com.

You means the individual accessing or using the Service.

2. Nature of the Service

Whitby Tree Service operates this website as an information and connection platform only. We do not perform any tree care services. All physical work is carried out exclusively by independent Service Providers.

When you contact us through this website, by phone, or by any other method, we may forward your inquiry to one or more Service Providers. Once forwarded, your relationship is solely with that Service Provider. We are not a party to any agreement, contract, or transaction you enter into with a Service Provider, and we are not involved in the performance, pricing, scheduling, or delivery of any work.

By using the Service, you acknowledge and agree that:

• We do not perform any physical work or services;
• Any work performed in response to your inquiry will be carried out by an independent Service Provider, not by us;
• We have no control over the conduct, qualifications, licensing, insurance, pricing, work quality, or business practices of any Service Provider;
• You are solely responsible for verifying the credentials, licensing, insurance, and suitability of any Service Provider before engaging them;
• Any contract, payment, or transaction for services is exclusively between you and the Service Provider.

3. Independent Contractors

Service Providers are independent contractors operating their own businesses. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between us and any Service Provider. We do not employ, supervise, direct, or control Service Providers, and they have no authority to bind us to any agreement or representation.

We do not endorse, certify, guarantee, or warrant the work, qualifications, licensing, insurance, or fitness of any Service Provider. Any listing or referral on this website is provided as a convenience only and does not constitute endorsement.

4. No Liability for Service Provider Conduct

To the maximum extent permitted by applicable law, we are not liable for any harm of any kind caused by or arising from the conduct of any Service Provider, including but not limited to:

• The quality, timeliness, or completion of any work performed;
• Damage to property, including structures, vehicles, landscaping, or surrounding areas;
• Personal injury or death resulting from work performed or attempted by a Service Provider;
• Theft, fraud, deposit retention, non-performance, or failure to refund;
• Pricing disputes, billing errors, or unauthorized charges;
• Failure to hold valid licensing, insurance, or required permits;
• Violations of municipal, provincial, or federal law by a Service Provider.

Your sole remedy for any claim arising from a Service Provider’s work is against that Service Provider directly.

5. Acknowledgment

Your access to and use of the Service is conditioned on your acceptance of these Terms. They apply to all visitors and users of the Service. You represent that you are over the age of 18. We do not permit those under 18 to use the Service.

Your use of the Service is also subject to our Privacy Policy.

6. Links to Other Websites

This website may contain links to third-party websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party site. We recommend reviewing the terms and privacy policy of any site you visit.

7. Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service ceases immediately.

8. Limitation of Liability

To the maximum extent permitted by applicable law, our total liability under these Terms is limited to the amount you paid us through the Service, or $100 CAD if you have not paid us anything.

We are not liable for any special, incidental, indirect, or consequential damages, including loss of profits, loss of data, business interruption, personal injury, or loss of privacy, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow certain liability exclusions. In those jurisdictions, liability will be limited to the greatest extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Service;
• Your interaction, contract, or transaction with any Service Provider;
• Any work performed or contracted by a Service Provider;
• Your violation of these Terms or any applicable law.

10. Disclaimer of Warranties

The Service is provided “AS IS” and “AS AVAILABLE” without warranty of any kind. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Service will meet your requirements, operate without interruption, or be error-free.

We make no representation regarding the qualifications, licensing, insurance, or work quality of any Service Provider. You assume full responsibility for verifying the suitability of any Service Provider before engaging them.

11. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding conflicts of law rules.

12. Disputes

If you have a concern about the Service, please contact us first to resolve it informally. Disputes related to work performed by a Service Provider must be raised directly with that Service Provider.

13. Severability and Waiver

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue in full force. A failure to enforce any right under these Terms does not constitute a waiver of that right.

14. Changes to These Terms

We may update these Terms at any time. If a change is material, we will make reasonable efforts to provide at least 30 days’ notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, please stop using the Service.

15. Contact

Questions about these Terms? Use our contact form or call (647) 558‑6332.