Terms and Conditions
We may modify and update these Terms at any time, without prior notice. In using our website and any services we may offer within the duration of this website’s existence; you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website. If you do not accept these Terms, you SHOULD NOT use our website or any of our services.
“the website” means backyardflair.com. “We”, “our” and “us” means backyardflair.com, including its directors, employees, contractors and affiliates. “You” means the visitor or user accessing our website.
OUR REVIEWS AND COMMISSION DISCLAIMER
We are in no way affiliated with any specific provider beyond reviewing and publishing our own reviews of manufacturer products, products of Amazon and third-party providers.
We do receive commissions from Amazon or from time to time, the third-party provider. We do not make any representations nor are we involved in, responsible or liable for any conduct of Amazon or the third-party provider beyond reviewing the goods or services they offer or provide.
Please note: the reviews, are STRICTLY our own findings and opinions only. We are focused on providing honest, fair and impartial descriptions of products.
As we might receive commissions on some sales, we are required by law to disclose our commercial relationship. In other words, we at backyardflair.com might receive commissions for each purchase that’s generated via our affiliate link from our website.
We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is handled including all health details which are considered sensitive information.
We only collect information required to provide our Services and we keep this information in secure encrypted servers.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time.
Please check these terms regularly prior to using our website to ensure you are aware of any changes made in the near future. We will endeavour to highlight any significant or substantive changes to you where possible.
If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.
AVAILABILITY OF WEBSITE
We make no warranty that the website or services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.
We will notify you if the website becomes unavailable for any lengthy and unusual time period. You agree and acknowledge that the website uses third-party vendors and hosting partners to provide the necessary software, hardware, service and storage.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website.
In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third-party for any modification when it is required.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website or services.
You acknowledge and agree that we are a facilitator only and are not in any way responsible for the conduct of any third-party provider related to any products you may have ordered.
We are in no way to be held liable, directly or indirectly for any loss, injury or damage that may result from any reliance on any advice, information or otherwise indirectly related to the use of our services.
Our liability is governed by the United States Consumer Law and these Terms. And other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website.
You assume all risk in relying on the information on our website or using the services you can access through our website and we cannot be liable for your use of or reliance on any information or services.
Whilst we endeavour to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
In any event, our liability to you will not exceed the amount actually paid by you to us or $100 USD, whichever is the lesser. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
LINKS TO OTHER WEBSITES
backyardflair.com may, from time to time, provide on its website, links to other websites, advertisements and information on those websites for your convenience.
This does not necessarily imply sponsorship, endorsement, or approval or arrangement between backyardflair.com and the owners of those websites. We take no responsibility for any of the content found on the linked websites.
Backyardflair.com’s website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties.
We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
We also take no responsibility for your reliance on the information on these third-party websites you may access through our website. You do so at your own risk.
POSTING OF COMMENTS
By using our website and contributing to or participating in any comments, you agree to the following Terms:
- Any recommendations, reviews, comments, information, images, videos or posts (together “Posts”) you make to our website will abide by our terms and will be made in the spirit, culture and ethos of the website;
- You agree you will only make correct, accurate Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false claims, defamation, harassment, fraud, collusion, or Posts that may offend any person, visitor, or other third-party. We can at any time, in our sole discretion, remove any Post and block your access to our website without notice;
- Posts are not permitted that:
- encourage illegal intent
- contain ads, links or other forms of advertising
- solicit business
- are abusive or malicious against any other participant, our staff or any third-party;
- We will also take action, where required, against any person that does not abide by these terms in relation to Posts and where any action is taken against us by any person, visitor or any or third-party as a result of your Post;
- You may post recommendations, businesses you have used the goods or services of, experiences and other information to the Website. You agree to only do so in good faith, with honest, fair and non-offensive reviews, using appropriate language, truthful descriptions and helpful comments;
- The posting of comments, reviews and your experiences on the Website is meant to try to help other visitors to the website, and to share your guidance and information. Our aim is to encourage helpful comments and feedback and hope that you will assist, benefit and enjoy this initiative. We ask that you carefully consider any comments you may post and the impact they may have in a respectful manner;
- In particular please be respectful and considerate to businesses and other users. Any offensive, abusive, rude, untruthful, defamatory, or otherwise objectionable material will be immediately deleted and your access to the website may be cancelled without warning in our sole discretion;
- You understand and agree that we may review and delete any content, including but not limited to images, messages, photos, profiles or material that in the sole judgment of backyardflair.com violates these Terms, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users. You may be banned from using the website at any time and in the sole discretion of backyardflair.com.
- Opinions, advice and all other information expressed by participants in discussions or Posts are those of the author unless indicated and not backyardflair.com and anyone associated with our website. You rely on any such information at your own risk and need to make your own enquiries before taking any action related to any Post.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally.
In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of backyardflair.com.
We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third-party.
If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use.
We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of backyardflair.com.
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name (or any of our advertisers).
You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website.
Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory.
Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories.
The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any part of the website. We shall not be liable to you or any third-party for any modification when it is required.
Backyard Flair takes the protection of your personal data very seriously and strictly upholds the rules of the data protection laws.
Any information that you could provide about yourself and about third parties will be kept confidential and will not be sold or transferred.
You have the right always to request further information about the data stored regarding your personal data, who holds it and the purpose of the storage. In addition the right stands for you to demand the cancellation and/or obstruction as well as correction of your data.