CEDAR PLANTERS INC. PRIVACY POLICY & TERMS OF USE

Cedar Planters Inc. understands how important your personal information is. Cedar Planters Inc. considers the privacy of the visitors to their Website, defined in the Terms section, and the security of their personal information, to be extremely important. As such, we are committed to protecting your privacy and any personal information we collect. The purpose of this Privacy Policy is to inform you of what personal information we may collect, why we collect it, and to outline the steps taken to keep your personal information confidential. We also provide you with contact information should you have questions, concerns, or proposed amendments to your personal information.

TERMS

“Personal information” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or, where applicable, a household, or a business. It is identifying information about an individual that does not contain health care information. For example, it may include a person’s age, address, and telephone number.

“You” or “Your” or similar words denote the user accessing the website and may be referred to as “User” interchangeably throughout.

“User” means the person or persons who accesses the Website, and the Customer.

“Customer” means the person or persons who orders a product from the Website.

“Our” or “we” or “Cedar” or similar words refer to Cedar Planters Inc., which includes but not limited to all Cedar Inc., employees, entities, subsidiary companies, collectively called Cedar Planters Inc.
“Website” means Cedar’s website, specifically https://cedarplanters.com/.
“Service” means the use of the Website by a User.

Additional terms shall be defined within the body of this document, where applicable.

COMPLIANCE WITH LEGISLATION

Your access to and use of our Website is subject to these legally binding terms and conditions which form a binding agreement between you and Cedar. Cedar maintains privacy in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA sets guidelines for how private sector organizations may collect, use or disclose personal information in the course of commercial activities. If there are any conflict of laws between the laws of Canada and any other jurisdiction, the laws of Canada shall prevail.

NATURE OF BUSINESS

Cedar provides Users a Website that allows them to order products, meaning locally made and sourced cedar planter boxes, raised garden beds, and plant pots, produced by Cedar, and shipped to the Customer upon payment.

CHANGE OF TERMS

New services are added frequently and these terms, therefore, may be modified and updated on an ongoing basis. It is important to check back to this page regularly. Your continued use of the Service after a change has been posted may constitute your acceptance of the change thereafter.

THIRD PARTY CONTENT AND APPLICATIONS

Our Website contains links or connections to third-party web sites and third-party content to facilitate your use of our Website including for providing our service, communication, payment processing and for general use of our Website. As such, the User may enter domains that are beyond the boundaries of Cedar. Cedar has no control over the content, accuracy, completeness, or relevance of the information on these third-party sites, third-party content or applications, and provides links or other means of accessing these sites and/or applications solely for the information and convenience of visitors to our website. You shall review applicable terms and policies, including privacy and data gathering practices, of any third-party site.

Cedar uses the following major third-party services, which may not encompass an exhaustive and complete list and which is subject to change from time to time without further notice:

• Google Ads: This tracks User’s’ activity across search engines and your browsing activity.
• Shopify: The Website is operated via Shopify software.
• Klaviyo: This software collects User and Customer names and emails, and this information is provided to Cedar. Cedar uses this information to contact Users and Customers.
• Facebook, TikTok, Snapchat, and Pinterest
• Freightcom: This software stores information about the User or client, including name, address, phone number, and email. This software is integrated with Shopify. The information collected by Freightcom is used by Cedar to ship products to Users.

The Website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

USE OF PERSONAL INFORMATION

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Cedar does not collect, use or disclose personal information of individuals except when individuals give consent and provide the information on a voluntary basis. Consent to the collection, use or disclosure of personal information, may be express or implied. To the extent permissible under applicable law, we may collect other personal information about you and any other party whose details you provide to us when you:

• Register for services using our online forms; this may include, without limitation, your name (including business name), address, email address and telephone number;

• Complete online forms, take part in surveys, post on our message boards, post any blogs, enter any competitions or prize draws, download information or other publications or participate in any other interactive areas that appear on our website or within our application or service;

• Interact with us using social media;

• Provide your contact details to us when registering to use or accessing any websites, applications or services we make available or when you update those details or otherwise using our Website; and

• Contact us offline, for example by telephone, fax, SMS, email or post.

To the extent permissible under applicable law, we use your information to:

• Provide any information and services that you have requested or any applications or services that you have ordered;

• Provide, maintain, protect and improve any applications, products, services and information that you have requested from us;

• Manage and administer your use of applications, products and services you have asked us to provide;

• Manage our relationship with you (for example, customer services and support activities);

• Monitor, measure, improve and protect our content, website, applications and services and provide an enhanced, personal, user experience for you;

• Undertake internal testing of our Website, website, applications, systems and services to test and improve their security, provision and performance, in which case, we would pseudonymize any information used for such purposes, and ensure is it only displayed at aggregated levels which will not be linked back to you or any living individual;

• Provide you with any information that we are required to send you to comply with our regulatory or legal obligations;

• Detect, prevent, investigate or remediate, crime, illegal or prohibited activities or to otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);

• Contact you to see if you would like to take part in our customer research (for example, feedback on your use of our applications, products and services);

• Monitor, carry out statistical analysis and benchmarking;

• Deliver targeted advertising, marketing (including in-product messaging) or information to you which may be useful to you, based on your use of our applications and services;

• Deliver joint content and services with third parties with whom you have a separate relationship (for example, social media providers); and

• Any other such method for the purposes of carrying out our services.

We take all reasonable steps to ensure all personal information is accurate, complete and up to date for the purpose the information is being used. However, we will not routinely conduct updates on information in our control unless updates are necessary to fulfill the purposes for which the information was collected.

Should you change your mind, you may withdraw your consent for us to contact you, to continue collection, use or disclosure of your information, at any time. You can do so by contacting us at info@cedarplanters.com.

DISCLOSURE OF PERSONAL INFORMATION

We may disclose your personal information if we are required by law to do so. As such, we may also disclose personal information about an individual for the following reasons:

• Subject to the requirements and restrictions, if any, that are prescribed, for the purpose of a proceeding or contemplated proceeding in which the information relates to or is a matter in issue in the proceeding or contemplated proceeding;

• To a proposed litigation guardian or legal representative of the individual for the purpose of having the person appointed as such;

• To a litigation guardian or legal representative who is authorized under the Rules of Civil Procedure, or by a court order, to commence, defend or continue a proceeding on behalf of the individual or to represent the individual in a proceeding;

• For the purpose of complying with:

• a summons, order or similar requirement issued in a proceeding by a person having jurisdiction to compel the production of information, or

• a procedural rule that relates to the production of information in a proceeding;

• For risk and error management.

ACCESSING YOUR INFORMATION

Should you wish to access your personal information at any time, please contact us to make a formal request. There may be a charge associated with availing the information to you. If Cedar refuses the request, in whole or in part, under any legal provision, Cedar will give a written notice to the individual stating that Cedar is refusing the request, and will provide a reason for the refusal and will state that the individual is entitled to make a complaint about the refusal to the Information and Privacy Commissioner.

CAPACITY

You represent and warrant that you posses the legal right, capacity and ability to agree to the terms set out herein and will use this Website in accordance with them.

As such, the Website is not intentionally designed for or directed at those 18 years of age or younger. It is Cedar’s policy to never knowingly collect or maintain information about anyone under the age of 18.

If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to this Agreement, the Sale Terms and Conditions, as well as the Privacy Policy herein, on behalf of such organization.

OWNERSHIP AND COPYRIGHT

Except as otherwise indicated, this Website, and all text, images, marks, logos and other content contained herein, including, without limitation, the Cedar logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Cedar or its licensors and are protected by Canadian and international copyright laws. All rights of Cedar are expressly reserved. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

USER CONDUCT

This Website is private property and all interactions on this Website must comply with these Terms of Use. Users are required to restrict any and all activity with the Website to that which involves lawful purposes only. User participation and interaction is encouraged on the Website and the Website may contain discussion forums, bulletin boards, public recommendations, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Website. By using our Website, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

• Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

• Content that would violate or infringe upon the rights of others;

• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

• Content that is false and misleading;

• Unsolicited promotions, political campaigning, advertising or solicitations;

• Viruses, corrupted data or other harmful, disruptive or destructive files;

Cedar takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Cedar liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Website. Although Cedar has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Cedar reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.

TERMS OF SALE & BILLING

When Users place an order to buy something on this Website they are making an irrevocable offer to purchase the item(s) that they have selected.

Billing can be done by providing the credit card on the website. Once the order is complete, an email is sent to Cedar and Shopify, and this information is stored with Shopify.

Cedar also accepts payment via Paypal.

You are responsible for paying any governmental taxes imposed on your use of Cedar’s services, including, but not limited to, sales, use or value-added taxes. To the extent Cedar is obligated to collect such taxes, the applicable tax will be added to your billing account.

If Cedar incurs any additional shipping charges as a result of incorrect shipping address provided by the Customer, custom or duty charges, additional handling charges (for instance, as a request by a Customer that the purchased item being shipped be brought inside the Customer’s garage instead of the front door), and for any other reason without exception, Cedar will in turn bill the Customer for the charges.

Cedar may choose to temporarily change the fees for its services for new products to some or all of its users, but shall not be required to make all such pricing available to all of its existing users.

Cedar reserves the right to suspend or terminate your access to the Website without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Cedar when Cedar believes you are liable for the charges.

RETURN POLICY

Cedar offers free returns or exchanges within 14 days of receiving the order by the Customer. The Customer can return the product for store credit, can purchase a different product for the same monetary value, or obtain a refund to the original payment method. The following are exceptions to the foregoing: the product must be in an original condition and packaged (if shipped); returned items must have no visible signs of wear or use; Cedar does not offer prepaid shipping labels, customer must pay return shipping and we cannot refund original shipping; all custom orders are final sale. If you are unsure if the item you are ordering can be returned, please contact us prior to ordering. To initiate a return please email us at info@cedarplanters.com.

REFUSED SHIPMENTS

If you refuse the package to have your order returned to us, you will be responsible for the cost of the return shipping.

WARRANTY

There is a limited 3 years + 21 days warranty for each product, which is compromised of 1095 days in three years plus 21 days to account for delivery (limited to raised garden beds and planter boxes). The warranty term shall commence on the date of purchase of a product on the Website. The Customer hereby understands that products shipping to Customers is made of wood, which is subject to wear and tear. The warranty shall only be in effect if the product is defective structurally, and shall not extend to any cosmetic defects including small cracks, silvering, knot holes, and weathering, which are all part of the natural process of the product. Accordingly, the User or Customer expressly acknowledges and agrees that this warranty is limited to only such defects in the products which are due solely to defective material and/or poor workmanship on the part of Cedar. Cedar reserves its right to decide in its sole and absolute discretion how the product is to be replaced. Cedar’s liability shall be limited, at Cedar’s sole option, to repair or replacement of non-conforming products or refund of the purchase price. The Customer accepts the same as its entire right and sole remedy in relation to any breach by Cedar of the workmanlike quality of its products. The warranties set forth herein constitute the sole warranties provided to the Customer and are in lieu of all other representations or warranties express or implied or statutory, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, and all other remedies.

USE OF COOKIES

Cedar or its partners, advertisers or sponsors may store cookies on your computer to facilitate and customize your experience or the advertisements that you may see on our Website or elsewhere. Cookies are alphanumeric identifiers that enable our systems to recognize your browser and to provide certain features. Most browsers automatically accept cookies, however, it is possible to change your browser settings so that your browser declines cookies. By using this Website, you agree to our use of cookies. We use cookies to provide you with a great experience and to help the Website run effectively.

INDEMNIFICATION

You will indemnify, defend, and hold harmless Cedar, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or another proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to Cedar violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases Cedar from all liability with respect to such Claim or unless Cedar consents to such settlement in writing.

WARRANTIES AND LIMITATION OF LIABILITY AND DISCLAIMER

You agree that your use of the Website is on an "as available" basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Website, including without limitation as to completeness, accuracy and currency or any Content on the Website, or as to satisfactory quality or fitness for a particular purpose.

To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Website for any reason, and any representation or statement made on the Website.

We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Website, for example if you lose revenue, salary, profits or reputation as a result of your use of the Website and/or the acts or omissions of any third party such as other users of the Website or any other indirect or consequential loss or damage you may incur in relation to the Website and its Content.

ENTIRE AGREEMENT & SEVERABILITY

The failure of Cedar to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Website or in respect to its use constitutes the entire agreement and understanding between you and us and govern your use of this Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

These Terms of Use and any separate agreements shall be governed by and construed in accordance with the laws of the Province of Ontario. You explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

TERMINATION

We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the Website and to block or prevent future access to and use of the Website if you violate this Agreement. Cedar reserves the right to limit or terminate access to the Service for any reason to anyone, and to take any other actions that Cedar, in its sole discretion, believes to be in the interest of Cedar and some or all of its users and customers.

ACCOUNTABILITY

You will be notified at the first reasonable opportunity about any theft, loss, or unauthorized use of your personal information.

Cedar is accountable for all personal information under its control. Should you have any questions, concerns, or proposed amendments to your personal information, please feel free to contact our designated privacy officer at:

Should there be a privacy breach, or even a potential breach, you also have the right to make a formal complaint to the Information and Privacy Commissioner of Ontario at (416) 326- 3333 or by Email at commissioner@ipc.on.ca

These terms and policy were last modified on May 1, 2022.