TERMS AND CONDITIONS

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These terms and conditions (the "Terms and Conditions") govern the use of www.backyardbash.ca (the "Site"). This Site is owned and operated by BackyardBash Inc.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

• Intellectual Property

All content published and made available on our Site is the property of BackyardBash Inc and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

• Sale of Services

These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

.      Equipment rentals and services.

The services will be paid for in full when the services are ordered.

 

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

 

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

 

• Payments

We accept the following payment methods on our Site: . Credit Card; ° PayPal; * Debit; and When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

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• Cancellation Fees

 Cancellations made within 3 days of event we will issue you the full refund with nominal cancellation fees may apply. Cancellations made within 2 days or less of the event will result in a cancellation fee of 80% of total rental fee. There are no refunds for custom work done including signage or custom balloon colour requests that have already been purchased by the BackyardBash.​

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• Rental and care Policy

1. Ownership and Responsibilities: BackyardBash Inc always retains ownership of the rental items it provides. During the rental period, the renter is in charge of taking care of and keeping the rental items safe.

2. Prohibition of Alterations: Without BackyardBash Inc previous written authorization, the client agrees not to paint, drill, cut, or install any attachments or accessories, or to modify, alter, or make any permanent alterations to the rental products in any manner.

3. Rental Items: From the moment of delivery or pickup until the items are returned to the rental company's specified location, the client is fully responsible for all rental items.​

4. Damage Waiver: To cover unintentional damage to the rental products during regular use, a damage waiver fee may be added in the rental agreement. Items lost, mishandled, or intentionally damaged are not covered by this price.

5. Notification of Damage: If any rental products are damaged while the client is renting them out, they must be notified of it to the rental company right away.

6. Evaluation of Damage: The rental firm will examine the returned goods to make sure there is no damage other than typical wear and tear. Should damage be discovered, the client might be responsible for replacement or repair expenses.

7. expenses of Repair or Replacement: If any rental items are damaged, the rental business will determine the appropriate course of action and the client will be responsible for paying those expenses.

8. Late Returns: If rental items are not returned by the time and date mentioned in the rental agreement, a late return fee will be applied to the final invoice. Please return items to the rental company's designated location by that date.

9. Late Return costs: As specified in the rental agreement, the client may be charged late return costs for any overdue returns of rented items. It is possible to assess late fees on an hourly or daily basis.

10. Communication of Late Returns: In order to avoid extra fees and make preparations, the client must inform the rental business as soon as possible if they foresee a late return.

11. Loss of Use: The rental firm may lose out on potential income if it is unable to complete additional rental orders as a result of late returns. As a result, in order to make up for the lost usage of the rented items, late return penalties could be applied.

12. Enforcement of Policy: In the event of damage or late returns, the rental firm retains the right to enforce this policy and take relevant measures, which may include assessing applicable costs and, if required, initiating legal action.

13. Disclaimer: This policy is subject to change and may vary based on specific terms outlined in the rental agreement. Clients are encouraged to review the terms and conditions carefully before booking.

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• Refunds 

Refunds for Services -We provide refunds for services sold on our Site as follows: . The services will be fully refunded if the services are cancelled at least 72 hours before the services were scheduled to be provided. If the weather does not permit us to fulfill Your Products on the date for which You ordered them, we will offer You an alternative date at no additional cost to you or provide a full refund of the Rental fee.

 

• Guarantees

The following guarantees apply to our Site:

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• Consumer Protection Law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

 

• Limitation of Liability

BackyardBash Inc and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

 

I have read the following terms and conditions and agree to them.

1.  Assumption of Risk: I understand that there are inherent risks associated with using the rented items, such as the possibility of property damage, personal harm, and other unanticipated events. I freely accept all risks related to using the rented items throughout the rental time.

2.  Care and Use: By renting the things, I promise to use them properly and with caution. I also agree to abide by any guidelines that BackyardBash Inc, its owners, or employees may issue.

3. Liability Waiver: By using the rented items, I hereby release and dismiss BackyardBash Inc., its owner, employees, agents, and representatives from any and all claims, damages, liabilities, or losses, including but not limited to personal injury, property damage, and death.

 

• Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless BackyardBash Inc and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

 

• Applicable Law

These Terms and Conditions are governed by the laws of the Province of Ontario.

 

• Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

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• Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows: info@backyardbash.ca