Terms of Service
Last updated: June 15, 2025
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Backyard Australia website (the "Service") operated by Backyard Australia ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Use of Service
Backyard Australia provides information, resources, and services related to Australian suburban living, gardening, outdoor entertainment areas, and related topics. Our content is intended for informational and educational purposes only.
You agree to use our Service only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Service. You are responsible for ensuring that your use of our content complies with applicable laws and regulations.
2. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Backyard Australia and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Backyard Australia.
All content, including text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of Backyard Australia or its suppliers and protected by copyright and other laws.
3. User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. Workshops and Services
Backyard Australia offers various workshops, design services, and consultation services. By registering for a workshop or engaging our services, you agree to our specific terms for these offerings, including payment terms, cancellation policies, and service scope.
We reserve the right to modify, postpone, or cancel any workshop or service with reasonable notice. In such cases, we will provide options for rescheduling or refunds according to our cancellation policy.
5. User-Generated Content
Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. By providing such content to Backyard Australia, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service.
You agree that this license includes the right for us to make your content available to other users of the Service, who may also use your content subject to these Terms.
You represent and warrant that: (i) the content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
6. Limitation Of Liability
In no event shall Backyard Australia, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
7. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Backyard Australia, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
While we strive to provide accurate plant information, garden designs, and outdoor living advice, we cannot guarantee that following our guidance will result in successful gardens or projects. Garden and outdoor projects are subject to numerous variables including climate, soil conditions, maintenance, and other factors beyond our control.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
9. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
10. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: [email protected]
- Phone: (03) 9123 4567
- Mail: 45 Garden Avenue, Melbourne, VIC 3000