Terms of Service

Effective Date: 01/01/2024

Welcome to the Yardsmith's official website, found at www.yardsmith.ae (hereinafter referred to as the "Website"). We kindly request you to thoroughly review these Terms of Service ("Terms") and our Privacy Policy [found here] ("Privacy Policy") as they are the guidelines for your interaction with our Website and our digitally rendered landscape design services accessible through our Website. For ease of reading, our Website and services will be collectively referred to as the "Services."

1. Acceptance of Terms

By utilising our Services, you consent to these Terms. If you do not accept these Terms, kindly refrain from using the Services. If you are accessing and making use of the Services on behalf of a corporation (such as your place of employment) or any other lawful entity, you affirm and guarantee that you possess the authority to commit that corporation or legal entity to these Terms. In such instances, the terms "you" and "your" will apply to the respective corporation or legal entity.

2. Privacy Policy

We invite you to refer to our Privacy Policy for details on how we gather, utilise, and disclose information from our users. By using the Services, you acknowledge and agree to the terms outlined in our Privacy Policy.

IMPORTANT NOTICE ON ARBITRATION: BY AGREEING TO THESE TERMS, YOU ARE CONSENTING, WITH MINIMAL EXCEPTIONS, TO ADDRESS ANY DISPUTE BETWEEN YOU AND YARDSMITH THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN THROUGH COURT PROCEEDINGS. WE STRONGLY RECOMMEND THAT YOU REVIEW SECTION 16 “DISPUTE RESOLUTION” BELOW THOROUGHLY FOR DETAILED INFORMATION REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

3. Modifications to Terms or Services.

We reserve the right to revise the Terms at any given time, at our sole discretion. If any such alterations are made, we will inform you either by displaying the revised Terms on the Website or via other communication methods. It is crucial for you to revisit the Terms whenever we make updates. If you persist in using the Services following the posting of the updated Terms, you are thereby agreeing to abide by the amended Terms. If you do not consent to be bound by the revised Terms, then, except as otherwise stipulated in Section 16(f) "Effect of Changes on Arbitration," you should cease using the Services. Given the evolving nature of our Services, we may modify or cease all or any part of the Services, at any time and without prior notification, at our sole discretion.

4. Who Can Use the Services?

(a) Eligibility. You are only permitted to use the Services if you are 18 years or older, capable of entering into a legally binding contract with Yardsmith and are not prohibited from using the Services under any applicable law.

(b) Registration and Your Information. To access certain features of the Services, you'll need to create an Account ("User Profile"). This can be accomplished by completing your User Profile on the Website, which will require certain details about yourself, including your name, address, and design preferences.

(c) Accuracy of User Profile Information. It is crucial that the information provided in your User Profile is accurate, complete, and updated. If it's not, we may have to suspend or terminate your use of the Services. It's essential that you do not disclose your User Profile password to anyone and that you inform us immediately if there is any unauthorised use of your User Profile. You are accountable for all activities that occur under your User Profile, whether you are aware of them or not.

5. Feedback. 

6. Payments.

Yardsmith offers various design packages to users who have created a User Profile. The amount we require for the use of the Services depends on the design package selected by the user. More details on the different design packages and pricing can be found at [Link to Yardsmith's Packages].

(a) General. When you make a one-time payment (a "Transaction"), you are expressly giving us (or our third-party payment processor) the authorization to charge you for that Transaction. We may ask you to provide additional information relevant to your Transaction, including your credit card number, expiration date, and your email and postal addresses for billing and notification purposes (collectively, "Payment Information"). By initiating a Transaction, you are authorising us to provide your Payment Information to third parties to complete your Transaction and to charge your payment method for the type of Transaction you have chosen (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

(b) Cancelling a One-Time Payment. If no work has been initiated on your project, you may cancel a Transaction within Five (5) calendar days of your original purchase for a full refund. If no work has begun on your project, you may cancel a Transaction for a full refund, less a processing fee of 15% of the total purchase amount, after Five (5) calendar days of your initial purchase. If only the first design draft has been completed, you may cancel a Transaction for a 50% refund. AFTER THAT, ALL PURCHASES ARE FINAL, AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT AT ANY TIME. However, we reserve the right to cancel your Transaction for any reason in the event of unforeseen circumstances; if we cancel your Transaction, we’ll refund any payment you have already made for such Transaction. To cancel, you can send an email to support@yardsmith.ae. If you cancel, your right to use the Services will cease immediately.

7. Ownership, Accountability, and Removal of Content.

(a) Definitions. In the context of these Terms: (i) "Content" denotes text, visuals, images, music, software, audio, video, all forms of original creations, and data or other materials that are posted, generated, provided, or otherwise made available through the Services; (ii) "User Content" signifies any Content that users, having established a Design Profile, make available through the Services; and (iii) "Deliverables" signifies any professional output that Yardsmith specifically creates for users who have procured a Design Package, encompassing a landscape blueprint, installation plan, 3D visualisations of the landscape design, and any other components furnished by Yardsmith to users in association with a Design Package.

(b) Ownership of Our Content. Yardsmith does not claim any proprietary rights in your User Content, and nothing in these Terms will be construed to limit any rights that you may have to use and exploit your User Content. Subject to the aforementioned, Yardsmith and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United Arab Emirates and foreign jurisdictions. You commit not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

(c) User Content Rights Granted by You. By making User Content available through the Services, you grant to Yardsmith a non-exclusive, transferable, worldwide, royalty-free licence, with the right to sub-license, to use, copy, modify, distribute, publicly display, and publicly perform your User Content in connection with the operation, promotion (including through advertising), provision of the Services, and delivery of any Deliverables to you.

(d) Your Accountability for User Content. You bear sole responsibility for all your User Content. You represent and warrant that you own all your User Content, or you have all necessary rights to grant us the licence rights in your User Content under these Terms. You also represent and warrant that neither your User Content nor any use of your User Content by Yardsmith on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(e) Content Usage Rights Granted by Yardsmith. Subject to your compliance with these Terms, Yardsmith grants you a limited, non-exclusive, non-transferable licence, without the right to sub-license, to access and use the Content in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

(f) Usage Rights for Deliverables. Provided your adherence to these Terms, you may use the Deliverables provided by Yardsmith to you in any manner in connection with your personal landscaping objectives, but you agree that you will not (a) sell the Deliverables or (b) licence the Deliverables to any third party for commercial profit. We reserve the right to post any Deliverables to our public gallery on the Site.

8. Restrictions and Yardsmith’s Rights of Enforcement.

You agree to refrain from the following activities:

(a) Uploading, submitting, or distributing any User Content that: (i) breaches or violates a third party's intellectual property rights, privacy rights, or publicity rights; (ii) encourages conduct that would contravene any applicable law or regulation or result in civil liability; (iii) is deceptive, false, or misleading; (iv) is defamatory, obscene, or offensive; (v) promotes discrimination, bigotry, or violence; (vi) is threatening or promotes harmful or illegal activities;

(b) Utilising, displaying, or replicating the Services, Yardsmith's name, trademarks, or proprietary information without express written consent from Yardsmith;

(c) Tampering with or accessing non-public areas of the Services or Yardsmith's computer systems;

(d) Attempting to breach any security measures implemented by Yardsmith;

(e) Circumventing any technological measures implemented by Yardsmith or any third party to safeguard the Services or Content;

(f) Attempting to access or search the Services or Content via any method other than the search tools provided by Yardsmith or generally available third-party web browsers;

(g) Distributing unauthorised advertising materials, spam, or any other form of solicitation;

(h) Using Yardsmith's trademarks, logo, or product name in any hidden text or metadata without Yardsmith's express written consent;

(i) Using the Services or Content for commercial purposes or for the benefit of any third party in violation of these Terms;

(j) Forging any part of the header information in any communication sent through the Services;

(k) Interfering with any user's access to the Services or attempting to disrupt the Services in any way;

(l) Collecting personally identifiable information from other users of the Services without their express consent;

(m) Misrepresenting your identity or affiliation with any entity;

(n) Violating any applicable law or regulation; or

(o) Encouraging or enabling others to engage in any of the aforementioned activities. Yardsmith reserves the right to monitor and enforce compliance with these Terms and to cooperate with law enforcement authorities in prosecuting users who violate the law.

9. DMCA/Copyright Policy.

Yardsmith respects copyright laws and expects its users to do the same. Yardsmith's policy is to terminate the accounts of users who are found to be repeatedly infringing upon the rights of copyright holders in appropriate circumstances.

10. Third-Party Links.

The Services may contain links to third-party websites or resources. Yardsmith provides these links solely for convenience and bears no responsibility for the content, products, or services available from those websites or resources. You acknowledge and accept all risks arising from your use of any third-party websites or resources.

11. Termination.

Yardsmith reserves the right to terminate your access to the Services at any time, without prior notice. If you have purchased a Design Package and we terminate the service, we will refund the purchase price of the Design Package. The following sections will survive any termination of the Services or your account: 7(a), 7(b), 7(c), 7(g), 12, 14, 15, 16, and 17.

12. Disclaimers. 

The Services are provided "AS IS" and without any warranties. Yardsmith expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, enjoyment, and non-infringement. Yardsmith does not guarantee that the Services will be uninterrupted, secure, or error-free or that the quality, accuracy, or reliability of any Content or Deliverables will meet your expectations.

13. Indemnification.

You agree to defend, indemnify, and hold harmless Yardsmith and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, resulting from or in any way related to (i) your access to or use of the Services or Deliverables, (ii) your User Content, or (iii) your violation of these Terms.

14. Limitation of Liability.

(a) NEITHER YARDSMITH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YARDSMITH OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT WILL YARDSMITH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO YARDSMITH FOR USE OF THE SERVICES.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YARDSMITH AND YOU.

15. Governing Law and Forum Choice.

These Terms and any action related thereto will be governed by the laws of the Abu Dhabi Global Market (ADGM) in the United Arab Emirates, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Yardsmith are not required to arbitrate will be the courts located within the ADGM, and you and Yardsmith each waive any objection to jurisdiction and venue in such courts.

16. Dispute Resolution.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration under the ADGM Arbitration Rules in the United Arab Emirates, not in a class, representative, or consolidated action or proceeding. You and Yardsmith agree that these rules govern the interpretation and enforcement of these Terms, and that you and Yardsmith are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in a competent court in ADGM if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@yardsmith.ae within thirty (30) days following the date you first agree to these Terms.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the ADGM Arbitration Centre under its Arbitration Rules then in effect, except as modified by these Terms. A party who wishes to start arbitration must submit a written Demand for Arbitration to the ADGM Arbitration Centre and give notice to the other party as specified in the ADGM Arbitration Rules.

If your claim is for a certain amount or less (the amount to be specified in accordance with ADGM regulations), you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the ADGM Arbitration Rules. If your claim exceeds this amount, the right to a hearing will be determined by the ADGM Arbitration Rules. Any arbitration hearings will take place in the ADGM, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the ADGM Arbitration Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than a certain amount (the amount to be specified in accordance with ADGM regulations), unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Class Action Waiver. YOU AND YARDSMITH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Yardsmith changes any of the terms of this Section 16 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@yardsmith.ae) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Yardsmith’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Yardsmith in accordance with the terms of this Section 16 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

(g) Severability. With the exception of any of the provisions in Section 16(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction in the ADGM decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

17. General Terms.

(a) Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Yardsmith and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Yardsmith and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Yardsmith’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Yardsmith may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(b) Notices: Any notices or other communications provided by Yardsmith under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

(c) Waiver of Rights: Yardsmith’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Yardsmith. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

18. Contact Information: 

If you have any questions about these Terms or the Services, please contact Yardsmith at support@yardsmith.ae.

Additional Terms and Conditions

Yardsmith Refer-a-Friend Program Terms & Conditions

As a participant in the Refer-a-Friend program (a "Referrer"), you are subject to Yardsmith's Terms of Service and Yardsmith's Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for the Yardsmith's Refer-a-Friend program:

(a) Qualified Referral: A Qualified Referral is defined as a purchase made at the Yardsmith website by an individual (a "Referred Customer") who arrives at our website by clicking your unique Refer-a-Friend program link. Specific details about the qualification of a referral will be provided upon your enrollment in the program.

(b) Referred Customer: The Referred Customer and the Referrer cannot be the same person. The company reserves the right to ascertain the identity of the Referred Customer and Referrer.

(c) Referral Rewards: To earn referral rewards as a Referrer, the Referred Customer must complete an order on the Yardsmith website meeting certain minimum purchase criteria. Specific details about the rewards, including their nature and value, will be communicated upon your enrolment in the program.

(d) Reward Payments: Rewards are payable in a form determined by Yardsmith. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

(e) Eligibility: Eligibility is limited to individuals only. Yardsmith's Refer-a-Friend Program cannot be used by businesses for affiliate lead generation, as determined in Yardsmith's sole discretion.

(f) No Spam: You must comply with all up-to-date "SPAM" laws. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Yardsmith's Refer-a-Friend program.

(g) Right to Close Accounts: Yardsmith reserves the right to close the account(s) of any Referrer and/or Referred Customer if the Referrer and/or Referred Customer attempts to use the Yardsmith Refer-a-Friend program in a questionable manner, breaches any of these Terms & Conditions, or is in violation of any law, statute or governmental regulation.

(h) Right to Cancel Program or Change Terms: Yardsmith reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards may be forfeited at that time.

Yardsmith Copyright Policy

Notification of Copyright Infringement

Yardsmith (“Yardsmith”) respects the intellectual property rights of others and anticipates its users to uphold the same standard.

In suitable circumstances and at its discretion, Yardsmith may disable and/or terminate the accounts of users who recurrently infringe the copyrights of others in accordance with prevailing copyright laws.

Yardsmith will respond promptly to allegations of copyright infringement occurring on the Yardsmith website or any other online network accessible via various devices that are reported to Yardsmith’s Designated Copyright Agent, as indicated below.

If you are a copyright owner, or are sanctioned to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements occurring on or through our platforms by completing the following Notice of Alleged Infringement and delivering it to Yardsmith’s Designated Copyright Agent. Upon receipt of the Notice as delineated below, Yardsmith will take whatever action, in its sole discretion, it deems appropriate, including the removal of the disputed material.

Notice of Alleged Infringement (“Notice”) Identify the copyrighted work that you allege has been infringed, or – if multiple copyrighted works are covered by this Notice – provide a representative list of the copyrighted works that you allege have been infringed. Identify the material that you claim is infringing (or to be the subject of infringing activity) and to be removed or access to which is to be disabled, along with information reasonably sufficient to allow us to locate the material. Provide your mailing address, telephone number, and, if available, email address. Include the following statements in the body of the Notice:  • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law (e.g., as a fair use)."  • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to Yardsmith’s contact below.

Yardsmith, 
support@yardsmith.ae