The Service. The Services allows registered users who have downloaded the App and created an account to: (i) view services offered by Service Providers, and the cost to receive them, which are made available by registered Customer’s in a geographical region; (ii) book seasonal maintenance services, such as snow removal, leaf clean-up, lawn care; (iii) pay for services using the credit card details held on account through our third party payment provider; (iv) send and receive information updates about the Service Provider’s seasonal maintenance services ("Service Provider Services"); and (v) provide feedback. If need more information on the Services, please review the Yardly Service Guidelines located at
Important note on Service Providers. By using the Services You understand and acknowledge that We provide a marketplace that connects you with Service Providers (including their personnel and subcontractors) and that such Service Providers are fully independent and not employees of Yardly. Although we do not control Service Providers or the provision of Service Provider Services they are required as a condition of being part of our community to adhere to certain basic conduct standards such as professional conduct, reliability, honesty and good workmanship. Service Providers are not permitted to represent themselves as our employees or that they have the ability to bind us to certain actions. If any Service Provider does so you should inform us of that. Service Providers are solely responsible for determining the means and manner of performing the services to you and you understand that we do not have any control over or any oversight of how Service Providers deliver services. We are not responsible for delivering on or completing any Service Provider Services and we are not responsible for and will not be liable in any way for any act or omissions of Service Providers or their subcontractors and personnel. You should therefore ensure that you carry out your own searches and ask questions of Service Providers to satisfy yourself of their credentials and ability to perform the services you need performed, prior to engaging any Service Provider for Service Provider Services.
Booking Terms. Rates for Service Provider Services are set out in the App and Site. Payment will be taken by us from you if you book Service Provider Services and the Service Provider will be paid by us in accordance with the terms in Section 8. Please note that any contract for the provision and use of services is between you and the Service Provider and not between you and us. Service Providers must adhere to the Service Guidelines posted on the Site which sets out parameters, guidelines and further specific details for provision of the seasonal maintenance services, vehicles and other obstructions, timing of services, extreme weather conditions and damage to property so you should read this carefully before engaging anyone to provide Service Provider Services. If you have further questions about the Services, please review the Yardly FAQ or contact us at email@example.com.
No Endorsement. It is your sole responsibility to verify whether the qualifications and expertise of any particular Service Provider You select meets your requirements. You may do this by asking questions or requesting certifications or references directly from the Service Provider. We only facilitate the engagement of Clients with Service Providers and we do not and cannot endorse any services offered by Service Providers. We also cannot oversee the Service Providers or the Service Provider Services and are not a party to any agreement or contract that you enter into with a Service Provider. You therefore acknowledge and agree that if you elect to engage with any Service Provider, such dealings are solely between you and the Service Provider and we shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
Your Conduct. In using the Services You shall not:
copy or distribute any part of the App or Site (including any content) without our prior consent;
alter or modify any part of the App or the Site;
upload, post, email, transmit or otherwise make available on the App:
any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm other users in any way;
any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the App or that of any users or viewers of the App or that compromises a user's privacy;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
interfere with or disrupt the Site or App, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
collect or store personal information about other users of the Services; or
resell the content of the Site or App, the use of the Site or App, access to the Site or App or the content therein.
Changes to Service Provider Services; Cancelling Service Provider Services. If you experience any delays or problems on the Service Provider Services you should first follow-up with the Service Provider and if the problem will require changes to the agreed Service Provider Services scope or cost, you will work, in good faith, with the Service Provider to revise the original contract and to perform as close as possible to the terms of the original contract. If a Service Provider is engaged on Service Provider Services and cannot complete them for any reason we require them to also notify us immediately so that appropriate steps can be taken to resolve the issue. If for any reason you cannot proceed with or have Service Provider Services completed, you must also inform us as soon as possible and the Service Provider stating reasons. You may be liable to pay the agreed fee for the Service Provider Services for cancellations without cause or a reasonable proportion agreed with the Service Provider.
Payments for Service Provider Services. Payment for Service Provider Services must be made through the Site or App using selected third party payment processor. We will be entitled to retain a portion of the fee paid to the Service Provider as consideration for providing access to the Services. You agree that you will not offer to or make any payments outside of the functionality of the Services. You represent and warrant that any credit card, payment and billing information you provide is complete and accurate and that you are authorized to use the credit card or other payment method you are using. You must notify us if you have agreed to pay the Service Provider by any method other than use of our payment provider. Your credit card will be pre-authorized upon ordering, and you will be charged upon completion of the services. The amount of the pre-authorization is an estimate only, and we may need to impose additional charges upon completing the work; accordingly, the final price charged to you may vary depending on the time required and extent of the work in any given scheduled booking. If there is a change from the price we have quoted to you, we will notify you in advance before we charge your credit card.
Records. We recommend that you keep written records of all monies paid to Service Providers, copies of the agreements with the Service Provider for any Service Provider Services, a written record of any agreed modifications to a contract’s scope and any other details you might need to track the progress and work of the Service Provider Services.
Disputes and Complaints. If you are dissatisfied with a Service Provider, You may lodge a formal complaint with us by contacting us through your We account representative or by telephone using the contact information provided on our Site. We will try to resolve any dispute which relates to non-attendance by the Service Provider or any abusive or seriously unprofessional conduct by the Service Provider during the Service Provider Services. We will use commercially reasonable efforts to resolve disputes and provide an outcome within fourteen (14) days of your submitting your complaint.
Copyright and Trademark Information. The App and Services and the information and materials contained therein, are the property of Yardly and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All our product names and logos are trademarks or registered trademarks. Nothing contained on the App or Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site, this App or Services or any materials displayed therein, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of us. You shall not attempt to override or circumvent any of the usage rules or restrictions on the App or within the Services.
Service Changes. We reserve the right to withdraw or amend, even dramatically alter the Services, and any service or material we provide through the Site or App, in our sole discretion without notice. Also, we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App or Site, or the entire Site or App, to users, including registered users.
App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you obtain a copy of the App from the Apple App Store, iTunes or GooglePlay ("Application Stores"). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 13, the more restrictive or conflicting terms and conditions in this Section 13 shall apply, but solely with respect to the App obtained from the Application Store which is owned or operated by a third party provider (the "Application Store Owner"). You acknowledge and agree that:
this Agreement is concluded solely between Yardly and You and not with the Application Store Owner, and Yardly not the Application Store Owner, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive or in conflict with the App Store Terms of Service, the more restrictive or conflicting The Application Store Owner term will take precedence and will apply;
The Application Store Owner has no obligation whatsoever to provide any maintenance and support services with respect to the App. Yardly is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify The Application Store Owner, and The Application Store Owner will refund the purchase price for App to you and to the maximum extent permitted by applicable law, The Application Store Owner will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Yardly’s sole responsibility;
Yardly, not The Application Store Owner, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
The Application Store Owner, and The Application Store Owner’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, The Application Store Owner will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Feedback: Site, App and Services. If You provide us with any suggestions, comments or other feedback ("Feedback") relating to the App and/or Services or in relation to Service Providers or Service Provider Services, We may use such Feedback in the App or Services or in any other products or services we offer (collectively, "Yardly Offerings"). Accordingly, You agree that: (a) We is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to We, (c) We (including all of its successors and assigns and any successors and assigns of any of the Yardly Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Yardly Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from us or anyone else.
Feedback: Service Providers. You can leave feedback and recommendations for Service Providers. If you do so, you acknowledge and agree that the relevant Service Provider will be entitled to use, reproduce and publicize that recommendation on the App and elsewhere. We reserve the right to not post negative reviews and to follow up with Service Providers who have received negative reviews.
Links to Third-Party Sites. The Site and App may contain links to other Sites that are not owned or controlled by us. We are not responsible for the content of any linked Sites. Any third-party Sites or services accessed from the Site or App are subject to the terms and conditions of those Sites and or services and you are responsible for determining those terms and conditions and complying with them.
Service Disclaimer. The Services we provide and that our Providers provide require certain cooperation from You. For example, if you engage a Provider to clear snow from your driveway, it is your responsibility to remove your vehicle and any other obstructions from the driveway. If you fail to comply with our reasonable requests for cooperation, and the Provider is unable to perform the Services, you will be responsible for full payment for the Services, and neither Yardly nor the Provider shall be responsible for any additional costs or expenses you incur as a result of the Provider’s inability to perform the Services. We are also not responsible for any adverse weather or environmental conditions or any claims or losses arising in connection with the same. If you have registered for recurring Services, you are responsible for monitoring conditions in your area, and notifying us if you require the Services. You are also responsible for notifying the Provider of any protrusions, obstructions or obstacles on your property that should be avoided when the Providers are providing the Provider Services, including, without limitation, raised gardens, plants, curbing, fencing, fixtures, lawn ornaments, retaining walls, extension cords etc.
DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THE SITE OR APP ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, WE DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE SITE OR APP ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE WEBSITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE SITE OR APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR APP IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR APP (INCLUDING INDEPENDENT CONTRACTOR SERVICES) OR IN RESPECT TO ANY SITE THAT CAN BE REACHED FROM A LINK ON THE SITE OR APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE OR APP, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE SITE OR APP OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THE SITE OR APP, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE OR APP, (IV) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE APP, (VI) ANY DAMAGE TO YOUR PROPERTY DUE TO CIRCUMSTANCES BEYOND OUR CONTROL (INCLUDING ADVERSE WEATHER OR OTHER ENVIRONMENTAL CONDITIONS), OR YOUR FAILURE TO FOLLOW THE REQUIREMENTS OF THIS AGREEMENT OR THE SERVICE GUIDELINES; (VII) ANY DAMAGES TO YOUR PROPERTY DUE TO YOUR FAILURE TO NOTIFY US OF OBSTRUCTIONS, PROTRUSIONS, LOSE FLAGSTONES OR COBBLESTONES OR OTHER SIMILAR ITEMS OR (VIII) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE APP OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE APP. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Release. Because we do not supervise or control interactions between Clients and Service Providers, and because We cannot guarantee the true identity, age, nationality of Service Providers, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site, App or Services. You agree that You bear all risk and You agree to release We (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the App or Services, Your interactions and transactions with Service Providers, Your third party transactions, and our resolution of any disputes between Clients and Service Providers. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Security. Information sent or received over the Internet is generally unsecure and we cannot and does not make any representation or warranty concerning security of any communication to or from the Site, App or Services or any representation or warranty regarding the interception by third parties of personal or other information.
Indemnity. You shall indemnify, defend, and hold us (including our officers, directors, agents, and employees) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, and/or judgments (collectively "Claims"), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from us by reason of any Claim arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property caused by any act, error or omission, or misconduct by You; (b) violation of any law or regulation by You (including, without limitation, any privacy or personal information protection law or regulation); or (c) breach of any warranties or material terms of this Agreement by You.