the spontaneous experience curator

Terms and Conditions

These terms and conditions specifically refer to the Backyarda Experience Voucher which may be purchased or accessed via our website.

Backyarda Experience Voucher definition – a Backyarda voucher for a specific spontaneous experience with one of our Experience Partners.

The Backyarda Experience Voucher will from hereon in be referred to as the “BEV”.

1. Making a Purchase

When you purchase and/or use a BEV and tick the box that says 'I understand and accept the Terms and Conditions', you become legally bound by these terms and conditions and the Backyarda Privacy Policy. Please do not proceed to purchase/use your BEV until you have read, understood and accepted these terms and conditions. 

Due to the uniquely spontaneous nature of our platform, quick purchase decisions will be made in order to secure the BEV first. From time to time you may want to purchase a BEV on behalf of another individual. If this is the case, you are still required to enter in your own contact information and the responsibility to gift the BEV to the other individual is yours.

If you have any queries, please contact us at [email protected] and we will be more than stoked to assist.

3. Redeeming a BEV

When your BEV has been purchased, Backyarda will confirm these details within Facebook Messenger.

This confirmation will include:

  1. The name of the Experience Partner
  2. The description of the purchased experience offering
  3. The address details of the Experience Partner
  4. The purchased timeslot that the BEV is eligible to be redeemed for
  5. The Unique Code which is sent to both the purchaser and the Experience Partner in order for the BEV to be redeemed. This is to be shown to the Experience Partner upon arrival, in either physical or electronic form, for which the Experience Partner will then match the Unique Code on their end to exchange for their experience offering.

2. BEV Refunds

Backyarda specialises in curating last minute, spontaneous experiences. Most of the time, our BEV’s are valid only for a timeslot on the same day that they are purchased.

As a result, Backyarda offer BEV refunds only within 30 minutes or more of the purchased timeslot that is stated on the NEV.

Conditions of Refund:

  1. Refunds are only permitted for valid BEV’s that have not been used, i.e. when you have not yet gone to the Experience Partner to exchange the BEV for their experience offering.
  2. BEV refunds are only valid if the purchaser contacts Backyarda within 30 minutes or more of the purchased timeslot that is stated on the BEV. The reason for this is to allow our amazing Experience Partners enough time to still offer this timeslot to another customer if you have a change of mind.
  3. The refund will only be accepted if the purchaser contacts us at [email protected] with the subject line “BEV Refund” and provides the following information:
    1. The name of the Experience Partner which the BEV is to be redeemed at
    1. The Unique Code that is confirmed via Facebook Messenger when the BEV is sent to the purchaser
    1. The purchased timeslot that is confirmed via Facebook Messenger when the BEV is sent to the purchaser
  1. The refund will be processed back to the purchaser only.
  2. Refunds will be processed within 24 hours of the refund claim being lodged to [email protected] and may take up to 3 business days to process

Guarantees required by law
 
Backyarda complies with Australian Consumer Law in respect of guarantees for our services.
 
In respect of services it is our independent Experience Partners who provide the experience to you following the redemption of a BEV. The independent Experience Partners accept responsibility for compliance with the Australian Consumer Law in respect of services, that is that the experience was provided with due skill and care and complied with the description made to the purchaser at the time of sale. Backyarda is not the provider of the experience; see part 6 Experience Partners. Subject to the Experience Partners cancellation policy or weather guidelines you may be entitled to a refund of whole or part of the purchase price depending on the circumstances of each case.

3. Exchange of BEV’s

As an experience curator, we choose to partner with only the best local experience providers. If you are unable to make the purchased timeslot stated on the BEV and are outside of the 30 minute refund window, our Experience Partners have the option to offer you an experience worth the same value for a future time at their discretion.

This option is at their discretion only and they are not legally obligated to issue this exchange for a future experience. If you wish to contact the Experience Partner and ask for a future exchange, this is your responsibility and Backyarda is not liable for the decision that the Experience Partner makes.

4. Prices

We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia.
 
Backyarda is committed to providing you the best value for new, spontaneous experiences. Given this, we do not charge you a transaction fee for any BEV’s purchased on the Backyarda website.
 
Sometimes, despite our best efforts, things can go wrong. Experiences may be incorrectly displayed on our website at a price that is lower than the correct price. Where there is such a manifest error, we will notify you of the error as soon as possible to provide you with the option of purchasing the product at the correct price. In the event that you do not wish to pay the correct price, we reserve our rights to cancel your order, in which case we will refund you any payments that you have made to us in respect of that product.

5. Expiry

The last minute, spontaneous nature of Backyarda means that BEV’s must be used within the specified timeslot that is purchased. The available timeslots for the experience are showcased on site where the option is yours to select which timeslot you would like to purchase. This is confirmed once the BEV is sent to you via Facebook Messenger.
 
The BEV expires once the time stated within the purchased timeslot has been exceeded. This is in line with Australian Consumer Law in regards to Voucher Expiry.

If you do not show up to redeem the BEV at the purchased timeslot, neither Backyarda nor the Experience Partner is liable to replace the missed experience. We understand that life happens, so as stated within our Exchange policy, our Experience Partners have the option to offer you an experience worth the same value for a future time at their discretion. This option is at their discretion only and they are not legally obligated to issue this exchange for a future experience. If you wish to contact the Experience Partner and ask for a future exchange, this is your responsibility and Backyarda is not liable for the decision that the Experience Partner makes.

6. Our Experience Partners

  • BEV’s are sold by Backyarda as agent for businesses that provide amazing lifestyle and recreational services to customers ('Experience Partners’).
  • Backyarda is not a provider of such services or experiences and has no responsibility for any services or experiences provided or not provided by the experience provider or any other party.
  • Our Experience Partners provide services directly to customers.
  • Backyarda is a curator of experiences, meaning that we take the quality of the experiences that we offer very seriously. Every experience on our platform is tried and tested by us! However, Backyarda makes no warranty or representation regarding the standard of any service to be provided, as this is trusted in the hands of our Experience Partners.
  • All BEV’s are issued subject to the terms and conditions of each experience provider and these Backyarda terms and conditions.
  • Backyarda does not control the business operations of any Experience Partner.
  • Backyarda makes no guarantees or warranties about the services that are provided to you by Experience Partners.

7. Backyarda's Liability

Backyarda has:

  • No liability for any act, omission or default, whether negligent or otherwise of any Experience Partner or third party.
  • No liability for any loss or damage occasioned by any negligent act or omission of any Experience Partner or third party.
  • Where Backyarda's liability cannot be excluded, such liability is limited to the value of the BEV purchased.

8. Availability of Experiences

All experiences are offered by experience providers subject to the available timeslots shown on the Backyarda website. Bookings are not finalised until you have received the Facebook Message from Backyarda stating the confirmation.

All Backyarda experiences are subject to removal from our website at any time without notice.

In the event that an experience timeslot is booked by two users at the same time, the first user to process their payment will be given the experience, and the other user shall be refunded their amount paid.

Where a refund is requested the refund will be processed back to the purchaser only for the original amount paid.

Backyarda accepts no liability for the removal of experiences from the website as this is the nature of our platform.

9. The Weather

Some of the experiences curated on our platform are weather dependent. You will have the experience provider's details so you can call to confirm whether adverse weather affects your proposed experience. If bad weather affects a booking it will be rescheduled at no cost to you. You are required to reschedule as the voucher is non-refundable.

10. Complaints or Problems During Your Experience

If you have a problem or a complaint on the day of your experience, please bring this to the Experience Partner's attention immediately so that issues may be addressed on the spot, where possible.

11. Insurance

Some of the experiences that we promote as an agent are considered dangerous. Prior to ordering or participating in any experience you should be aware of the risks involved. Backyarda can provide further information if you are in any doubt about any experience. Our Experience Partners warrant that they maintain appropriate public liability insurance for all risks associated with its business and service provisions. We make no warranty or representation about their business or services whatsoever. The responsibility rests with you to make independent enquiries with the experience provider or other third parties as to the need to acquire your own insurance cover.

12. Videos on Backyarda

The videos used on our website to illustrate single or multi-location experiences are created by us as we test every single experience before curating them for you! The videos are used as an indication only of the machines, vehicles, craft, venues and animals you will experience.

13. Experience Session Length

Experience session lengths are approximate and are provided by our Experience Partners as a guide to the total time you will be at their venue. Unless otherwise stated, you will normally take your turn with the Experience Partner’s other customers and there may be waiting time involved. Any itinerary provided to you is indicative only and the order of events may change.

24. Restrictions on Taking Experiences

Certain experiences provided by our Experience Partners are subject to minimum age, weight, health or other restrictions. These restrictions are outlined on the relevant experience information page on our website and also in the Facebook Messenger booking confirmation. Please read this information carefully. It is your responsibility to understand any restrictions prior to confirming your booking. If you are later forced to cancel due to restrictions, you may be liable for charges by the provider of your experience or forfeit the experience all together.

26. Backyarda Legal Entities

The Backyarda website (www.backyarda.com.au) is owned and operated by Backyarda Pty Ltd. (ABN 27 630 274 289) herein referred to as "Backyarda". We reserve the right to change these terms and conditions without notice.

27. Further Support

If you do not find what you are looking for within these terms and conditions, please reach out to us at [email protected] and we will be pleased to assist.