Yard Patches Pty Ltd ACN 619163441 (referred to as Yard Patches) provides services (Services) via an online platform for registered users wishing to provide space (Patch Lords) to other registered users wishing to use such space (Patch Seekers) through which (i) Patch Lords will be able to create a listing (Listing) on the Site and App, to advertise any space (Yard Space) they want to provide to a Patch Seeker (Yard Service) and to reply to Patch Seekers using the email address provided on the Site and App and (ii) Patch Seekers will be able to view and search Listings, request Yard Services and contact Patch Lords using the communication options provided on the Site and the App to purchase Yard Services (a Booking). Yard Patches provides an introductory platform for Patch Lords and Patch Seekers and is not a rental agency, property broker or booking agent. By accessing or using the Site, you acknowledge that Patch Lords are not employees, contractors, partners or agents of Yard Patches.
The Services are available at www.yardpatches.com.au (Site) and, when available, the Yard Patches mobile application (App).
- These Terms and Conditions (Terms) form a binding legal agreement between Yard Patches and each person, organisation or entity using the Site, App and Services (referred to as User). By using the Site, App and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, please contact Yard Patches using the contact details at the end of these Terms.
- The User’s use of the Site, the App and the Services indicates that:
- The User has had sufficient opportunity to access the Terms and contact Yard Patches;
- The User has read, accepted and will comply with the Terms;
- The User has legal capacity to enter into a contract for sale; and
- The User is 18 years or older.
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
- Yard Patches may amend these Terms at any time without notice. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. If a User has reasonable grounds to believe that the varied Terms will be detrimental to their rights, the User may terminate this agreement immediately. Yard Patches recommends that each User check the current Terms, before continuing use of the Services. Yard Patches’ agents, employees and third parties do not have authority to change the Terms.
- These Terms supplement and incorporate:
- The PayPal Terms of Service including, without limitation, the User Agreement.
2. Online Registration
- A User can browse and view Listings, Profiles, the Site and App as an unregistered user of the Site or App. A User must register on the Site and create an account (Account) to access some Services and features on the Site and the App, including creating a profile as per information requested on the Site and App (Profile), making and responding to Listings, and making a Booking.
- Each User may only have one (1) Account on the Site and App including one Patch Lord Profile and one Patch Seeker Profile within the Account.
- Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.
- Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Yard Patches reserves the right to suspend or terminate any User’s Account and his/her access to the Site, App and Services if any information provided to Yard Patches proves to be inaccurate, not current or incomplete.
- It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
- The User will immediately notify Yard Patches of any unauthorised use of its Account.
3. Introductory Service Only
- A Patch Lord must set out all relevant information in a Listing such as a description of the Yard Space available (including size, location, calendar availability, features and access offered), any terms and conditions of use they wish to apply to the Yard Service and the fee for the Yard Service.
- Patch Seekers can view the Profiles and Listings of Patch Lords, and contact Patch Lords via their provided email address or the Site’s communication platform to make a Booking and arrangements with the Patch Lord. When a Patch Seeker makes a Booking, they accept any terms and conditions set out in the relevant Listing.
- Each User understands and agrees that the Site and the App is an online introductory platform only, and that Yard Patches’ responsibilities are limited to facilitating the availability of the Site, the App and the Services.
- Yard Patches is not a party to any agreement entered into between a Patch Lord and a Patch Seeker. Yard Patches has no control over the conduct of Patch Lords, Patch Seekers and any other users of the Site, the App and the Services. Yard Patches disclaims all liability in this regard, as set out in these Terms.
4. Users and User Profiles
- Users who have created an Account are permitted to create Profiles. The Profiles of a User for its use of the Site and App are created from the personal information it provides to Yard Patches.
- Each User acknowledges and agrees that it is responsible for its own Profiles.
- Users can access the Site and App to communicate with other Users and obtain or provide Yard Services.
- Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Yard Patches cannot guarantee that other Users have genuine intentions.
- Each User should report to Yard Patches, any activities or requests of Users which are, or which the User reasonably believes to be:
- Illegal; or
- Likely to have a negative effect on the reputation of Yard Patches, the Site, the App, Services and/or a User.
- Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
- Each User represents and warrants that any content that it provides and Profile and Listing that it posts:
- Will not breach any agreements it has entered into with any third parties;
- Will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
- Will not conflict with the rights of third parties.
- For the avoidance of doubt, Yard Patches assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
- Yard Patches reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile and/or Listing for any reason, including Accounts and/or Profiles and/or Listings that Yard Patches, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or the Services.
5. Patch Lord – additional requirements, warranties and obligations
- The Patch Lord is responsible for the Yard Space and is expected to hold comprehensive home and contents or other appropriate insurance on the property on which the Yard Space is located. Yard Patches recommends that the Patch Lord informs and confirms with their insurance provider the extension of their coverage to cover the Yard Services.
6. Patch Seeker – additional requirements, warranties and obligations
- A Listing may contain conditions to be met by any prospective Patch Seekers to apply for a Booking. Any prospective Patch Seeker of a Listing must meet any such requirements.
- The Patch Seeker warrants and represents that it will not use the Yard Services to store Prohibited Goods and will not use the Yard Services for any unlawful purpose and will not do anything that will interfere with the Patch Lord’s reasonable enjoyment of the rest of the premises.
Prohibited Goods means toxic, polluted or contaminated goods, firearms, munitions, weapons or explosives, radioactive materials, highly flammable or hazardous goods, living plants or animals, foods or perishable goods, anything damp, mouldy, rotten or infested with or damages by parasites, any item which emits any fumes or strong odour, cash and securities, illegal goods, waste or any item whose presence would invalidate any insurance policy which would otherwise cover the items or the space.
- The Patch Seeker will comply with the access and security arrangements in the Listing or as otherwise agreed, and keep safe any keys or other items used to access the Yard Space.
- At or before the end of the Booking period or upon termination of the Booking period, the Patch Seeker must vacate the Yard Space completely. The Patch Seeker must remove all contents and debris and leave the Yard Space in good “broom clean” condition.
7. Ratings and Reviews
- Patch Lords and Patch Seekers can leave public reviews (Reviews) and submit a rating (Ratings) about each other.
- Ratings and Reviews of a Patch Lord or a Patch Seeker can be viewed by any User. Ratings and Reviews will remain viewable until the relevant User’s Account, Profile and Listing is removed or terminated.
- Users must provide true, fair and accurate information in their Review.
- If, in Yard Patches’ reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Yard Patches may delete the Review or ban the User from posting the Review. Yard Patches does not undertake to review each Review made by a User.
- To the fullest extent permitted by law, Yard Patches is not responsible for the content of any Reviews.
- The Site and App has a forum on which Users are able to communicate.
- Yard Patches asks Users to limit their discussions to topics which are relevant to Yard Patches’ Site, App and Services.
- Yard Patches reserves the right to remove any posts by Users which Yard Patches, at its sole discretion, deems to be inappropriate.
- Users acknowledge and agree that they are not permitted to post posts which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.
- Users do not have to pay a fee to register for an Account or to access and view the Site but may be required to pay fees for any other Services that they request which are available on our Site.
- Payments for Patch Lords and Patch Seekers differ.
- Payments for Patch Lords: Patch Lords may post Listings for a set period of time free of charge as set out on the Site. After this free period, Patch Lords will be required to pay to Yard Patches, in advance, a Listing Fee in order for the Listing to remain displayed.
- Payments for Patch Seekers: Patch Seekers may view Listings free of charge. If a Patch Seeker wishes to communicate with a Patch Lord regarding a Yard Space, the Patch Seeker will be required to pay to Yard Patches, prior to the details of the Patch Lord being displayed, a Communication Fee. Patch Seekers will also be liable to pay fees directly to Patch Lords for any Yard Services as set out in the relevant Listing.
- Ultimate Communication: Yard Patches also offers a membership option to Users to allow them to access all Services (Ultimate Communication). Ultimate Communication is available to both Patch Lords and Patch Seekers (who become Members). Members are required to pay a monthly fee to Yard Patches as set out on the Site (Membership Fee). Non payment of the Membership Fee when due will result in Ultimate Communication being terminated.
- Each User agrees to pay the relevant fees, in the currency specified on the Site and App.
- Goods and Services Tax (GST) will be charged where applicable.
- The relevant User paying fees will also pay for all fees by PayPal, debit or credit card or bitcoin as detailed on our Site. The payment will be processed upon receipt of the request for (i) an extended Listing period in the case of the Listing Fee, (ii) communication rights with a Patch Lord in the case of the Communication Fee or (iii) membership in the case of the Membership Fee. The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a User’s payment is not able to be successfully processed at the relevant time, then the request for an extended Listing period, communication rights with a Patch Lord, membership or Yard Services may be cancelled.
- In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
- If the User makes a payment by debit or credit card, the User warrants that the information provided to Yard Patches is true, accurate and complete, that the User is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the User will maintain sufficient funds in the account to cover the purchase price.
- Nothing prevents Yard Patches from taking any action necessary to recover any unpaid fees. If the User fails to pay, the User’s information will be passed on for collection and or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds Yard Patches’ payment terms and as a result are passed on for collection and or legal action, Yard Patches may place a default against the User with a credit reporting agency.
- Yard Patches’ pricing structure or payment methods may be amended from time to time at its sole discretion. After a pricing change, each User has the choice to continue using the Site, or to cease to use the Site without penalty.
10. Offers and Promotions
- Yard Patches may, from time to time, make offers or promotions which may be applicable to the Services.
- The conditions of such offers or promotions will be specified on the Site.
- The User acknowledges and agrees that Yard Patches may, at its sole discretion, remove or extend any offers or promotions, and Yard Patches will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
11. Dispute Resolution
- By using our Site, App and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of Patch Seekers, Patch Lords or other third party, will be limited to a claim against the Patch Seekers, Patch Lords or other third party, who caused harm to him or her. Yard Patches encourages Users to communicate directly with the relevant Patch Seeker, Patch Lord or third party to resolve any disputes.
- Yard Patches welcomes feedback from its Users. Yard Patches seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
- If there are any complaints from a User, Yard Patches will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Yard Patches’ response, the User and Yard Patches agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Yard Patches agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If a resolution cannot be agreed upon at the Initial Meeting, either the User or Yard Patches may refer the matter to a mediator. If the User and Yard Patches cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
- Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
12. Cancellation of Registration
- If a User wishes to cancel its Account registration or Ultimate Communication membership, it will need to do so in writing by contacting us at the email address at the bottom of these Terms. Users can also deactivate their Account at any time via the Site or App.
- No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.
13. Consumer Guarantees
- Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth), and similar consumer protection laws and regulations may confer the User with rights, warranties, guarantees and remedies relating to the provision of Services by Yard Patches to the User which cannot be excluded, restricted or modified (Statutory Rights).
- If the User is a consumer as defined in the ACL, the following notice applies to the User from Yard Patches: “Yard Patches guarantees that the Services supplied to the User are rendered with due care and skill; fit for the purpose that Yard Patches advertises, or that the User has told Yard Patches he, she or it is acquiring the Services for or for a result which the User has told Yard Patches he, she or it wishes the Services to achieve, unless Yard Patches considers and discloses that this purpose is not achievable; and will be supplied within a reasonable time. To the extent Yard Patches is unable to exclude liability; Yard Patches’ total liability for loss or damage suffered or incurred by the User from the Services is limited to Yard Patches re-supplying the Services to the User, or, at Yard Patches’ option, Yard Patches refunding to the User the amount he, she or it has paid Yard Patches for the Services to which his, her or its claim relates.”
- Nothing in these Terms excludes a User’s Statutory Rights as a consumer under the ACL. The User agrees that Yard Patches’ liability for Services provided to Users who are defined as consumers is governed solely by the ACL and these Terms.
- Yard Patches excludes all conditions and warranties implied by custom, law or statute except for the User’s Statutory Rights. Except for the User’s Statutory Rights, all material and work is provided to the User without warranties of any kind, either express or implied, and Yard Patches expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
14. Refund Policy
- Yard Patches will provide refunds as required under the Australian Consumer Law and may, at its discretion, provide refunds as agreed between the User and Yard Patches.
- Any cancellation, exchange or refund of a Yard Service is strictly a matter between the Patch Lord and the Patch Seeker. The terms and conditions agreed to between the Patch Lord and the Patch Seeker should be set out clearly in the Listing in respect of the Yard Service.
15. Intellectual Property
- All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Yard Patches (or its affiliates and/or third party licensors as applicable).
- The User agrees that, as between the User and Yard Patches, Yard Patches owns or holds the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Yard Patches or the owner of the content.
- Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
- Yard Patches’ Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Yard Patches or the applicable trademark holder or Intellectual Property owner.
- Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Yard Patches or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
16. User Licence
- Subject to these Terms, Yard Patches grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Yard Patches’ prior written consent.
- The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
- This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
17. Permitted and Prohibited Conduct
- The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.
- The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services.
- The User must not post, upload, publish, submit or transmit any content that:
- Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- Is fraudulent, false, misleading or deceptive;
- Denigrates Yard Patches, the Site, the App, Services, Patch Lords or Patch Seekers;
- Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- Is violent or threatening or promotes violence or actions that are threatening to any other person; or
- Promotes illegal or harmful activities or substances.
- In connection with the User’s use of the Site, App and Services, the User may not and agrees that it will not:
- Use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- Register for more than one Account or register for an Account on behalf of another individual and/or entity;
- Use the Services to find a Patch Seeker and then complete, or assist another individual to complete, a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Yard Patches’ provision of the Services;
- Post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;
- Submit any false or misleading information;
- As a Patch Lord, offer any Yard Services that it does not intend to honour or cannot provide;
- As a Patch Seeker, make any offers or Bookings to a Patch Lord that it does not intend to honour;
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- Copy, store or otherwise access any information contained on the Site, App and Services or content for purposes not expressly permitted by these Terms;
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- Use the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- Use the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
- Stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site or App;
- Use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, Yard Patches’ name, any Yard Patches trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Yard Patches’ express written consent; or
- Advocate, encourage, or assist any third party in doing any of the foregoing.
18. User Content
- Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site, App and Services, the User grants to Yard Patches a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services.
- The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site, App and Services. The User represents and warrants that:
- It is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Yard Patches the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
- Neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Yard Patches’ use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Yard Patches may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
- Yard Patches does not guarantee that Yard Services will be requested by any Patch Seekers, nor does Yard Patches guarantee that Patch Seekers will be able to find desirable Patch Lords or Yard Services.
- Yard Patches does not endorse any Patch Lord, Patch Seeker, Profile, Listing or Yard Services. Yard Patches requires Patch Lords and Patch Seekers to confirm that they have provided accurate information. Yard Patches does not perform any sort of background checks of Patch Lords and Patch Seekers, and does not confirm, any Patch Lord or Patch Seeker’s identity, Profile, Listing, Yard Services.
- Before creating a listing, Patch Lords must ensure that they are permitted at law to provide the Yard Services which they offer, including but not limited to in relation to, zoning laws and laws governing rentals of residential or other properties.
- Yard Patches cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Yard Services. Patch Seekers are responsible for determining the identity and suitability of Patch Lords that they contact via the Services and the Yard Services.
- Yard Patches accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App. Yard Patches disclaims any and all liability related to any and all Patch Lords, Patch Seekers, Profiles, Listings, Yard Services.
- By using the Site, App or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Patch Lords or Patch Seekers or other third parties will be limited to a claim against the Patch Lord or Patch Seeker or other third party who caused it harm. Yard Patches encourages the User to communicate directly with the relevant Patch Lord or Patch Seeker on the Site, App and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
- To the fullest extent allowable under applicable law, Yard Patches disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
- For the avoidance of doubt, Yard Patches is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Yard Patches advises that all Users using the Site, App and Services should seek advice in relation to these matters.
- Each Patch Lord or Patch Seeker who uses the Site, App and the Services does so at their own risk.
- Yard Patches excludes all express and implied conditions and warranties, except for the User’s Statutory Rights, to the fullest extent permitted by law, including but not limited to:
- Yard Patches expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
- Yard Patches does not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
- Yard Patches takes no responsibility for, and will not be liable for, the Site, the App, the Services, the Patch Lords, the Patch Seekers and the Yard Services being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
- Yard Patches will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the App, Services, content on the Site or App, inability to access or use the Site, the App, the Services, any Profile, any Listing, the Yard Services or the Terms, even if Yard Patches was expressly advised of the likelihood of such loss or damage.
- In using bitcoins as a payment method in relation to the Services, you acknowledge that trading in bitcoins, or similar digital or virtual currencies, commodities, goods, or products is inherently risky, is not recognized legal tender in some parts of the world, is unregulated by any central or government authority, and may be subject to extreme price volatility. You acknowledge that you understand the risks associated with buying, selling and trading of bitcoins or any other digital currency, commodities, products or goods, under the applicable local laws in your jurisdiction.
- The User agrees not to attempt to impose liability on, or seek any legal remedy from Yard Patches with respect to such actions or omissions.
20. Limitation of Liability
- To the extent permitted by law, Yard Patches’ total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to Yard Patches re-supplying the Services to the User, or, at Yard Patches’ option, Yard Patches refunding to the User the amount it paid for the Services to which its claim relates. Yard Patches’ total liability to the User for all damages in connection with the Services will not exceed the price paid by the User under these Terms for the 12 months period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between Yard Patches and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
- This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Yard Patches.
- Each User agrees to defend and indemnify and hold Yard Patches (and Yard Patches’ parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
- Yard Patches reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
- This defence and indemnification obligation will survive these Terms and the User’s use of the Site, App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Yard Patches without restriction.
- Accuracy: While Yard Patches will endeavour to keep the information up to date and correct, Yard Patches makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Yard Patches expressly excludes any liability for such to the fullest extent permissible by law.
- Termination: Yard Patches reserves the right, in its sole discretion, to refuse supply of the Services required by any User, to terminate any User’s Account, to terminate its contract with any User, and to remove or edit content on the Site or App, if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days or if the User receives poor Reviews or Ratings from other users. If Yard Patches decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content; (b) any pending or future Booking (in respect of a Patch Lord or Patch Seeker) will be immediately terminated; (c) Yard Patches may communicate to the relevant Patch Lord or Patch Seeker that the Booking has been cancelled; and (d) the User will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension, deactivation or termination of their Account].
- Fraudulent Activities: Each User acknowledges and agrees that, in the event Yard Patches reasonably suspects that there are fraudulent activities occurring within the Site, App and Services, Yard Patches reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
- Force Majeure: Yard Patches will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
- Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
- Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Yard Patches of any of the Terms shall be effective unless Yard Patches expressly states that it is a waiver and Yard Patches communicates it to the User in writing.
- Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Yard Patches’ prior written consent.
- Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the Victorian courts. The Site and App may be accessed throughout Australia and overseas. Yard Patches makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site or App from outside Australia, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Yard Patches and each User, and supersede any prior agreement, understanding or arrangement between Yard Patches and each User, whether oral or in writing.
For questions and notices, please contact:
Yard Patches Pty Ltd ACN 619163441
c/o CSJP Accounting
1/163 Canning Highway,
EAST FREMANTLE WA 6158
Last update: July 2017
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