Premium earthYARDian Terms and Conditions
Last updated 28 September 2021.
These Premium earthYARDian Terms & Conditions are between you and earthYARD Pty Ltd (ABN 66 603 706 832) and its affiliates ("earthYARD", "we", "us" or "our") and they govern your and our respective rights and obligations.
Your Premium earthYARDian Membership and benefits are governed by these earthYARD Terms and Conditions, the earthYARD Terms of Service and any other terms and conditions applying to other earthYARD Services, programmes, benefits, add-on subscriptions or promotional offers provided with your Premium earthYARDian Membership, as we disclose to you in connection with your Premium earthYARDian Membership, (together, these "Terms"). These Terms constitute the entire agreement between you and us related to your Premium earthYARDian Membership. If you sign up for a Premium earthYARDian Membership, you expressly accept these Terms. Please read these Terms carefully.
Your use of the earthyard.com.au website and any successor or replacement website (the "earthYARD Website") is governed by the Terms of Service and you must comply with these. Please review our Privacy Notice, which also governs your use of earthYARD services, to understand our practices.
1. Premium earthYARDian Benefits
1.1. Premium Delivery Benefits and Eligible Purchases
Premium earthYARDian Members can benefit from a range of delivery benefits, including free standard shipping on eligible purchases at no additional cost. Eligible purchases means, all online store purchases only. The offer does not extend to offline orders. Premium earthYARDian delivery benefits depend on stock availability, order deadlines, and the delivery address. Products with special delivery characteristics, such as heavy/bulky, oversized or containing hazardous materials, may be excluded or subject to restrictions or conditions as stated on the applicable product page. Premium earthYARDian Membership Free Standard shipping is not extended to express and overnight options and is applicable to Australian addresses only.
1.2. Discounted Prices
Your Premium earthYARDian Membership entitles you to a discount of 20% off the general store price. This includes any sale or promotional items. The discount is calculated in AUD. Premium earthYARDian Members will view the discounted price only when they are logged into an active Premium earthYARDian Member account. Discounts are applicable to webstore listed products and are not applicable to special orders, offline or order by quotation options. earthYARD has the right to review original and discounted prices at its discretion.
1.3. Other Benefits
earthYARD guarantees that all new products will be introduced to Premium earthYARDian Members before the general public. earthYARD may provide extra opportunities to Premium earthYARDian Members such as webinars, events and exclusive partnership opportunities.
2.1. Membership fees, models and duration
The current membership fees, the available membership models and duration of the membership(s) are as stated here. From time to time, we may offer different membership programs, and the fees and terms for such different memberships may vary. You will find details about the membership model you are subscribed to, the applicable membership fee and the next due date in Your Account. The Premium earthYARDian Membership fee is non-refundable except as expressly set forth in these Terms.
Unless you notify us before the next due date of your membership fee that you want to end your membership at this date or cancel your membership in your earthYARD customer account, we will automatically charge the then-applicable periodic membership fee using your preferred payment method. If your preferred payment method becomes invalid during your membership period, or if the charge is refused for any other reason outside our control, we will contact you to provide an alternative or updated payment. If all your payment methods on file are declined, you must provide us a new eligible payment method within 30 days if you have an annual membership, or within 15 days if you have a monthly membership. If you fail to provide a new eligible payment method within the applicable time period your membership will be cancelled.
2.3. Cancellation by you and refunds
You may cancel your Premium earthYARDian Membership any time by visiting Your Account and adjusting your membership settings. You may also contact customer service. Part billing period cancellations are not refundable. Cancellations only apply to future billing periods. Memberships redeemed through a promotional code or gift card are not refundable.
2.4. Promotions and trial memberships
From time to time, we may offer certain customers specific trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional membership terms. Trial and promotional members may, at any time, choose to cancel their trial or promotional memberships through Your Account. Unless cancelled during the relevant trial or promotional period, you will continue to paid or non-promotional membership at the end of any promotional or trial period.
2.5. Acceptance of membership
We reserve the right to accept or refuse your membership, to the extent permitted by applicable law.
2.6. No transfer or assignment of membership or benefits
You may not transfer or assign your Premium earthYARDian Membership or any Premium earthYARDian benefits including promotion codes for Premium earthYARDian Memberships or benefits, except as expressly allowed in these Terms.
2.7. Other limitations
Some Premium earthYARDian Membership benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require members to meet specified criteria in order to access them. Such additional requirements will be disclosed to you in connection with offering such benefits.
We may terminate your Premium earthYARDian Membership with 14 days' notice for convenience and will issue a prorated refund of your paid Premium earthYARDian Membership fee based on the time remaining in your current membership period. We may terminate your Premium earthYARDian Membership immediately by notice if we consider that (a) your use of your Premium earthYARDian Membership materially breaches these Terms or any applicable law or (b) you fraudulently use or misuse your Premium earthYARDian Membership. In this case we will not give any refund. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. You may terminate your Premium earthYARDian Membership at any time in accordance with Section 2.3.
4. Agreement Changes
We may in our reasonable discretion change these Terms, or any aspect of Premium earthYARDian Membership including any benefits, by posting the changes on our website. Any changes implemented by earthYARD will not affect your rights to cancel your membership at any time. Any increase in the applicable Premium earthYARDian Membership fee will not apply before the end of your current membership period. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued membership and use of the Premium earthYARDian benefits after any such change constitutes your acceptance of the change. If you do not agree to any changes, you must cancel your membership in accordance with Section 2.3.
5. Our Liability
5.1. Unless otherwise stated in writing, earthYARD disclaims, and does not make, any representation or warranty of any kind in respect of the Premium earthYARDian Membership program and benefits offered. earthYARD will not be responsible for (i) losses that were not caused by any breach on our part; (ii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iii) any indirect or consequential losses; or (iv) any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This Section 5 does not affect your rights under Section 2.3.
5.2. To the extent permitted by law and subject to Section 2, the liability of earthYARD to Premium earthYARDian Members for any loss or damage arising out of or in connection with the supply of Premium earthYARDian benefits under these Terms, any breach by earthYARD of these Terms however arising (whether tort (including negligence), statute, custom, law or on any other basis) or any non-compliance with a statutory guarantee is limited to:
(a) the supplying of the Premium earthYARDian benefits again; or
(b) the payment of the cost of having the Premium earthYARDian benefits supplied again.
5.3. Nothing in these Terms is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law is subject to any non-excludable right or remedy.
The provisions of this section supplement, and do not supersede, the provisions in the Terms of Service.
6. Events Beyond our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is non-foreseeable and beyond our reasonable control.
7. Applicable Law
The laws of New South Wales govern these Terms and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these Terms will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to these Terms. If you would like to bring a matter to our attention, please contact us.
Our Contact Details
For general inquiries: contact us
Address for service of notices for earthYARD Pty Ltd:
earthYARD Pty Ltd
2/3 Sommerville Cct
Emu Plains NSW 2750