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Expert – Terms & Conditions

These Terms and Conditions of Use, which include our Privacy Policy and the End User license agreements (EULA) of any of our Apps (together Terms) apply to the website located at <yardner.com.au>, and all associated web sites, sub-domains, platforms, forums or marketplaces and mobile applications (Site). The Site is owned and operated by SMXT Pty Ltd T/A Yardner (Yardner,Yardner Quotes,Yardner Remote, our, us, or we).

The site is an online platform designed to facilitate connections between consumers (Users) and Service Providers, enabling the provision of quotes for services, as well as facilitating introductions, teaching, demonstrating, and offering skills across gardening and landscaping.

The provision of online tools, quotes, apps, forums, market places and information to Users and Service Providers by us (each a Service) are governed not only by these Terms, but also by any service agreement in place between you and us in relation to those Services and any relevant EULA that is applicable to that service or part of the Site. If there is any conflict or inconsistency between the Terms and a service agreement or EULA, the EULA or service agreement will prevail.

A Service Provider means an individual or entity that offers services, quotes for service, demonstrations, advice, or any other services to Users through the Site, and engages in communication with or advertises to Users via the platform.

Unless there is a statement, expression or agreement expressly to the contrary, these Terms shall also apply to the provision of Services by us.

If you have any questions about these Terms, please contact us by emailing hello@yardner.com.au

  1. Acceptance of these Terms
    1. Your use of the Site and/or our Services and its content (including text, apps, images, media, sound, video, social media posts or downloadable documentation and newsletters) is governed by these Terms.
    2. By using the Site, you agree to these Terms; if you do not or cannot agree, you must stop using the Site immediately.
    3. These Terms apply to all use of the Site including your use of sections of the Site that are subject to additional specific terms and conditions which will apply even if you fail to review those specific terms and conditions.
  2. Eligibility to use the Site
    1. Unless otherwise expressly approved by us, we do not authorise or permit any person under the age of 18 or any person who lacks mental capacity to access or use the Site (unauthorised persons). An adult with appropriate representative capacity may access the Site on behalf of an unauthorised person subject to their acceptance of these Terms.
  3. Yardner
    1. Yardner Quotes
      1. The purpose of the Site is to assist you in:
        1. identifying skilled or experienced individuals and/or businesses able to provide the desired Service (each a Service Provider);
        2. simplifying the process of obtaining quotes from multiple businesses for your gardening or landscaping project; and
        3. facilitating the communication between you and the Service Provider, and managing logistics on behalf of the Service Provider as needed.
      2. Upon user completion of the quotes request form, you will subsequently receive quotes from matched Service Providers, enabling you to review pricing and service details.
    2. Yardner Remote
      1. The purpose of the Site is to assist you in:
        1. finding a skilled or experienced person who can assist you to learn a skill or complete a project (each a Service Provider)
        2. allowing you to book a 1:1 video session (or multiple sessions) with your chosen Service Provider;
        3. facilitating the video session; and
        4. billing you for any charges associated with that session.
      2. To help you find the right person for the job, we allow Service Providers to post profiles and advertisements on the Site (each a Listing). A Listing display what a Service Provider can offer, their claimed experience and qualifications, and any verifications that they have undertaken with us.
      3. Once you have selected a Service Provider, the Site will allow you to view their provided availability, and to request a booking (Booking).
    3. The provided links and introductions connect you with Service Providers, each operating as independent businesses owned and managed by third parties, operating outside the control of Yardner.
    4. If you agree to hire a Service Provider, you will be entering into a contract directly with the Service Provider (and not with Yardner). At no time will Yardner be a party to any agreement formed between Users and Service Providers.
    5. You are solely and completely responsible for the selection of the quote and the business transaction, including payment to the Service Provider for work undertaken at your request. Yardner makes neither recommendations nor prescribes to you the method of choice of successful Service Provider.
    6. A Booking/Job will be confirmed when you make payment via the Site. In the event that a Service Provider cannot complete your Booking/Job as scheduled, we will contact you to reschedule the Booking until a mutually convenient time. If a Booking cannot be Rescheduled we may (in our absolute discretion) refund your payment for the relevant Booking.
    7. If you cancel your:
      1. Yardner Quotes Job:
        1. 10 Business Days or more before it is due to commence, you will be entitled to a refund, minus any deposit paid;
        2. less than 10 Business Days before it is due to commence, you will not be entitled to a refund but may have the option to re-book as determined by the Service Provider.
      2. Yardner Remote Booking:
        1. more than 5 Business Days before it is due to commence, you will be entitled to a full refund;
        2. more than 2 Business Days, but less than 5 Business Days before it is due to commence, you will be entitled to a credit equal to the fee you paid that must be used within 28 days; or
        3. less than 2 Business Days before it is due to commence, or fail to log in for your Booking, the fee for that Booking will be charged in full.
    8. Where we process payments on behalf of a Service Provider, we do so only as a billing agent, and you agree that any dispute about charges will be between you and the Service Provider (and will not involve Yardner).
    9. We may, from time to time, state whether we have sighted a relevant licence or qualification from a Service Provider on the Listing.
      1. Where this occurs, we warrant only that we have sighted a document that appeared to be a legitimate and genuine document, and you agree that you will not place any reliance on such a statement. Whilst we will always act in good faith when assessing and providing verifications, we will not conduct further research ourselves, and you should always conduct an independent search of public licensing registers before relying upon the advice of a Service Provider to ensure they are appropriately qualified to give the advice they propose to provide.
    10. Information provided by a Service Provider has not been reviewed or verified by us. Yardner does not endorse, support or confirm the quality or appropriateness of the Service Providers. Any information contained in a Listing is not intended to replace consultation with a qualified professional. Please conduct your own research and seek appropriate and relevant independent advice prior to engaging a Service Provider.
    11. If you believe there to be an improper statement on the Site, or have a query regarding a statement or verification, please contact us at hello@yardner.com.au
  4. Fees
    1. Yardner Quotes
      1. Fees are set by the Service Provider, and charged through Yardner (who act only as a billing agent). We may separately also charge a fee for the provision of the Site and its features to you. You acknowledge that any fee Yardner charge in relation to a Booking is separate and distinct from the fee you pay to a Service Provider, as Yardner is not a party to your engagement of the Service Provider.
    2. Yardner Remote
      1. When you purchase a session with a Service Provider, you will be charged a fee. Fees are set by the Service Provider, and charged through Yardner (who act only as a billing agent). We may separately also charge a fee when you make a Booking in relation to our provision of the Site and its features to you. You acknowledge that any fee Yardner charge in relation to a Booking is separate and distinct from the fee you pay to a Service Provider, as Yardner is not a party to your engagement of the Service Provider.
    3. Any dispute as to the amount of the fees charged by a Service Provider must be raised directly with the Service Provider, not Yardner.
    4. If you believe you are entitled to a refund, you must seek approval from the Service Provider for the refund to be paid. We reserve the right to decline to process a refund in the event the Service Provider has not authorised it.
    5. You agree to pay the fees using a valid credit card (or other form of payment as we may allow from time to time) without set off, abatement or deduction.
    6. You agree to provide us with current and complete information as required for payment (which may include full legal name, email address, credit card details and billing information).
    7. If your payment is declined (for example, because of incorrect payment details or insufficient funds) we may cancel or suspend your access to the Services until payment has been received. You remain responsible for any outstanding payments owing to us and you authorise us to charge any outstanding payments to your updated payment method.
    8. You acknowledge that all amounts payable under or in connection with our Services are expressed on a GST-exclusive basis unless explicitly stated otherwise. Words or expressions used in this clause 7 which are defined in the GST Law have the same meaning in this clause. If any supply made in accordance with these Terms is a taxable supply, the recipient must pay to the supplier, in respect of that taxable supply, an additional amount equal to the GST payable by the supplier in respect of that taxable supply.
    9. Where any indemnity, reimbursement or similar payment under these Terms is based in any cost, expense or other liability, it shall be reduced by any input tax credit entitlement in relation to the relevant cost, expense or other liability.
    10. In this clause 7: GST Law means A New Tax System (Goods and Services Tax) Act 1999 as amended or replaced from time to time and also includes any associated legislation and delegated legislation.
  5. Yardner Account
    1. Access to certain parts of the Site and some Services require you to create an account. In doing so, we will collect certain information from you that is necessary to create your Yardner account. We will use and disclose this information for the purposes of operating Yardner, in accordance with our Privacy Policy. You must ensure that all information provided to us is accurate and remains up to date at all times.
    2. As long as you comply with these Terms, we grant you (as the User of the Site) a personal, non-exclusive, non-transferable, limited licence to access and use the Site.
    3. We do not guarantee that the Site:
      1. will be accessible or functional (whether wholly or partly) at all times; or
      2. is free from viruses or anything else which may damage any computer which accesses our Site or any data on such a computer.
    4. You are responsible for configuring the technology you use to access our Site. You should use your own virus protection software.
    5. We may suspend or withdraw or restrict the availability of all or any part of our Site for business, operational or any other reason at any time. We will try to give you reasonable notice of any suspension or withdrawal (but are not required to do so).
    6. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
    7. By holding a Yardner Account and providing personal information to us, you consent, and (where relevant) represent that where you provide personal information that relates to another person, that person has consented, to the collection, use, storage, disclosure and other handling of that information as described in these Terms and our Privacy Policy.
    8. We may also ask you to consent to additional activities in relation to your personal information from time to time. You can choose to grant or withhold this additional consent without affecting your normal use of the Site.
  6. Passwords and Security
    1. When you register and activate your Yardner Account, you can choose your username and password. You are responsible for maintaining the confidentiality of the information used to access your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
    2. You agree to notify us immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your account profile, password or account as a result of your failing to keep your account information secure and confidential.
    3. You may not use anyone else’s account profile, password or account at any time without the express permission and consent of the holder of that account profile, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
  7. Cancellation and Suspension
    1. You may cancel or suspend your Account at any time through your account settings. Where you cancel or suspend your Account, you will no longer be entitled to access or utilise the Services until you re-activate your Account.
    2. You may terminate your Yardner Account if we are in breach of a material term of these Terms, and we fail to remedy that breach within 28 days’ of receiving written notice to remedy such breach.
    3. We may immediately suspend or cancel your Yardner Account or access to the Site if:
      1. you are, or we reasonably suspect that you are in breach of these Terms (including any obligation to pay fees), EULA or other contract with us;
      2. we reasonably believe that Yardner or our affiliates are, or are likely to be, in breach of law or brought into disrepute, as a result of the provision of, or your use of, the Services;
      3. we are required to do so in order to comply with an order, instruction or request of a regulatory authority; or
      4. we have reasonable belief that you are in breach of any applicable law.
    4. We will not be responsible for any loss, cost, damage or liability that may arise as a result of our cancellation or suspension of your access to the Site.
    5. If your Account is cancelled, we may in our discretion, delete any data, content or materials has been provided us in connection with your use of the Site.
    6. We may cancel your Subscription or access to the Site for any or no reason with a minimum of 7 days’ notice to you.
  8. Privacy
    1. We value your privacy and we take the security of your personal information seriously. Our Privacy Policy sets out how we will collect, hold, use and/or disclose your personal information.
    2. These Terms incorporate our Privacy Policy and you are taken to have read and accepted our policy.
  9. Communications
    1. When you give us your email address, you are consenting to receiving all required notices and correspondence from us via email to your email address. You must contact us immediately if there are any changes to your email address.
    2. Where you enquire about a Service Provider or a particular service offered by third parties (including by making a Booking Request or Quote Request) we may provide your contact details and personal information to enable third parties to assist you with that enquiry or request.
    3. We may also use your email to respond to a query that has been submitted via the Site.
    4. By using the Site, or communicating with us by e-mail, you acknowledge and agree that Internet transmissions, including e-mails, are never completely private or secure. This means that even if a particular transmission is encrypted, you understand that any message or information you send to the Site may be read or intercepted by others.
  10. Inappropriate use and content
    1. Except as otherwise specified in these Terms, the provision of Services is for your personal, non-commercial use only.
    2. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within the Site (including any Service).
    3. You agree that it is a term of use for the Site that you will only communicate with Service Providers via the Site, and you agree not to seek to communicate with, or engage a Service Provider, or agree with, or seek to induce, a Service Provide to communicate or enter into an agreement outside of the Site.
    4. You acknowledge that we, and any moderator we engage, may undertake certain actions, at our sole discretion, where we consider there has been unacceptable activity we may take the following action:
      1. contact you directly and/or issuing a warning;
      2. immediately remove, hide or edit information or documents posted to the Site, or move a post to a more appropriate section of the Site without notification;
      3. terminate or temporarily suspend access to your Yardner Account, or your ability to publicly post on the Site upon reasonable notice to you where practicable; or
      4. report the activity to law enforcement, regulators or other authorities.
    5. You must not use the Site to send unsolicited communications to recipients who have not given you permission. You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties. You must not attempt to modify or damage the Site and you must not use or target the Site in connection with a denial of service attack.  You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any person or entity if not authorised to do so.  You must not cause or permit any other person to engage in any of these activities (e.g. by providing them with access to your computer or by providing password information to them).
    6. To the extent permitted by law, we are not liable for defamatory, offensive, illegal or inappropriate content available at the Site or accessed from the Site and the risk of injury from such content rests entirely with you.
  11. Warranty
    1. We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to legislation to the extent that those conditions, warranties, rights and remedies cannot be excluded by agreement (non-excludable rights).
    2. Subject to any non-excludable rights: (a) the Site and its content are provided on an “as is” basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the Site) are excluded.
  12. Indemnity
    1. You agree to indemnify us and keep us indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by us arising from your breach of these Terms or otherwise howsoever from or in connection with your use of the Site.
  13. Liability arising from use of the Site
    1. Subject to any non-excludable rights: (a) your use of the Site is entirely at your own risk; (b) you hereby release us from any claims you would otherwise have against us now or in future arising directly or indirectly from the Site or your use of the Site; and (c) in no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, or arising from your inability to participate in any promotion offered on the Site whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in the Site’s performance and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the Site or your attempted use of the Site.
    2. If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these Terms, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or Services again or payment of the cost of providing the information, products or Services again (at our election).
  14. Third party material
    1. The Site includes content or references supplied by users or other third parties (third party material). We do not monitor and accept no liability for third party material. Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material. We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material or the identity, knowledge or qualifications of any provider of third party material. Your access to and reliance on third party material is entirely at your own risk.
    2. References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, do not constitute or imply their sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.
  15. Links to third party web sites
    1. Any links to third party web sites from the Site are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third party web sites or your rights to access, reproduce and use that material. We do not review or monitor any linked third party web sites and we are not responsible for the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material on the Site or material on any third party web site and accept no responsibility for any broken or redirected links. The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content. It is your responsibility to evaluate the content and usefulness of information obtained from other web sites. Your access to and reliance on any third party web site is entirely at your own risk.
    2. You acknowledge and agree that we may receive payments or other benefits in connection with links to third party web sites or the inclusion of third party material in the web sites.
  16. Links from other web sites to the Site
    1. Other web sites may only link to the Site with our prior written permission. Any web site that links to the Site must link to the relevant home page and must not: (a) replicate the Sites’ content; (b) create a browser or border environment around the Sites’ content; (c) imply any endorsement by us; (d) misrepresent its relationship with us; (e) present false information about our Services; or (f) use our name or logos without our prior written permission.
  17. Viruses
    1. We cannot and do not guarantee or warrant that the Site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
  18. Content and Intellectual Property Rights
    1. We are the owner or the licensee of all Intellectual Property in the Site and its content and our Services (unless expressed to the contrary).
    2. Title and ownership of our Intellectual Property shall not be transferred by virtue of your use of the Site or our Services.
    3. Where you upload information and data to our Site, you:
      1. warrant that you have a right to provide us with that information and data;
      2. warrant that our storage and processing of that information and data will not infringe any third party’s legal rights;
      3. grant us and our affiliated companies a perpetual, royalty-free, world-wide, assignable and sub-licenceable licence to use that information and data for the purpose of providing you, our clients and users with our Services and content, and for our own internal purposes.
    4. Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or our Site, in whole or in part.
    5. You agree that you will not seek to reverse engineer, decompile or otherwise reproduce the Site or any of our Services or content.
    6. You must not use our name, all related names, logos or trade marks, or the trade marks of our affiliates or licensors without our prior written consent.
    7. You agree to not offer our Services or content for resale to any third party.
    8. If we provide social media features such as the ability to share our content, you may take such actions as are enabled by such features but only using such tools or methods as we provide.
    9. You may, from time to time, provide us with ideas, know-how, methodologies, comments or suggestions relating to our Services (Feedback). If you do:
      1. all intellectual Property in the Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works) vest in, and are owned solely by, us; and
      2. we may use or disclose the Feedback for any purpose.
    10. In these Terms, Intellectual Property means means all statutory and other proprietary rights in respect of copyright and neighbouring rights, all rights in relation to inventions (including registered and unregistered patent rights), registered and unregistered trademarks, designs, source code, the right to have Confidential Information (including trade secrets and know-how) kept confidential, and all other rights resulting from intellectual activity in industrial scientific, literary or artistic (including musical) fields;
  19. Miscellaneous Provisions
    1. We may from time to time change, modify, add or remove portions of these Terms. Amendments will be effective immediately upon notification on the Site. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
    2. If any of these Terms are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.
    3. No waiver by us, in exercising any right, power or provision in this document shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
    4. If a dispute arises out of or in connection with these Terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
    5. Yardner is not liable for any breach of our obligations resulting from causes beyond our reasonable control including internet outages, pandemic, epidemic, pestilence, strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.
    6. These Terms record the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.
    7. These Terms and any transactions governed by it will be governed by and construed in accordance with the law of South Australia. You submit to the exclusive jurisdiction of courts in South Australia.

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