Terms & Conditions

Important: Terms and Conditions of Use of this Website

By using this website you agree to be bound by these conditions.If you do not agree with them, you are not authorised to use the website.

  1. This website and its contents are subject to copyright which is owned by Backyard in a Box or a third party. Backyard in a Box does not grant you any intellectual property rights in this website, its applications, interface or contents. You must not use any trademark displayed on this website.
  2. We do not warrant the accuracy or completeness of any information you derive from this website and we exclude liability for loss or damage arising from any errors or omissions in this website or your use of this website (including any interference with or damage to your computer system). If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or services.
  3. You release Backyard in a Box, its servants and agents to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this website.
  4. Prices listed on this website and terms and conditions of any kind relating to products displayed on this site may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Backyard in a Box . We make no representation that the products listed in this site are currently available at any or all of our resellers. For full details of product information, product price, and conditions contact us at PO Box 521 Balgowlah, N.S.W 2093, Australia, telephone: (02) 9452-2515.
  5. This website may contain links to external Internet websites. Backyard in a Box  does not sponsor, guarantee or approve of any material or representations in those websites. Nor do we warrant that material on linked sites is free of any computer virus, defects or infringements.
  6. Links to this site are permitted, provided the full html page is loaded. Links to individual graphics or to areas that are considered “security areas” that bypass any security protection or password protect that Backyard in a Box establishes are expressly prohibited. If you wish to use a graphic to link to this site please contact us.
  7. You must only use this website, and you must only display, copy, distribute download and print portions of this website for your own personal use. You must not attempt to change, reproduce, add to, remove, hack or interfere with this website or its material.
  8. We cannot guarantee any file, data or program available for download from this website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this website. This website may be inaccessible from time to time due to events outside Backyard in a Boxs’ control or maintenance requirements.
  9. If we collect your personal information, we do so subject to the terms of our Privacy Policy, details of which are at:http://www.backyardinabox.com.au/privacy-policy Australia)
  10. Backyard in a Box offers you access to this website and the functionality attached to this website but reserves the right to charge a fee for this service in the future (no fee is currently applicable).
  11. We may use cookies to gather data in relation to this website and you consent to us doing so (although you may be able to disable cookies on your web browser). 
  12. These conditions are governed by laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.

Backyard in a Box - Privacy Statement

Backyard in a Box Limited is committed to protecting your privacy and personal information when you deal with us. 

Our privacy details how we comply with our obligations under the Australian Privacy Act . It covers all our dealings with customers and the public, apart from as a credit provider. Backyard in a Box also has a Credit Reporting Privacy Policy that relates to our commitments to protect privacy and data of our credit customers. 

Both the Backyard in a Box Privacy Policy and Backyard in a Box Credit Reporting Privacy Policy can be viewed by clicking on the links at the bottom of this statement. 

We will only collect personal information from you with your prior knowledge and consent. You can access our website and browse the site without disclosing personal information. 

We will only use personal information provided by you for the purposes for which it was collected and we will not disclose your personal information to a third party, except when it is required to facilitate a service you have requested. 

We ensure that your personal information will not be disclosed unless law requires it or to prevent or investigate suspected unlawful activity. 

We have implemented security technology and policies, rules and measures to reasonably protect the personal information under our control against: unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss. 

We will remove personal information from our systems where it is no longer required (except where archiving is required).

If you wish to view the personal information you have provided or, comment on or obtain further information about our privacy policy, please contact our privacy officer: 

Backyard in a Box Privacy Officer 
PO Box 521 Balgowlah, N.S.W 2093

Telephone: +61 2 9452-2515
E-mail: info@backyardinabox.com.au

Backyard in a Box Credit Reporting Privacy Policy

Introduction

  1. This Backyard in a Box Credit Reporting Privacy Policy is the official privacy policy of Backyard in a Box Group Limited (Backyard in a Box) as required by the Privacy Act 1988 (particularly Part IIIA of that Act), Credit Reporting Code and the Australian Privacy Principles (“APP”) and it applies to all credit information and credit eligibility information about individuals (“credit information”) collected and held by Backyard in a Box in its activities as a credit provider.
    In this policy we explain how and why we collect your credit information, how we use it, and what controls you have over our use of it. This policy is relevant to individuals who are current and former commercial credit account holder  customers, as well as other individuals that Backyard in a Box deals deal with in connection with credit we provide to account commercial credit account customers (such as guarantors and directors).
  2. Backyard in a Box is committed to complying with Commonwealth legislation (the Privacy Act 1988 and the APP and the Credit Reporting Code) governing privacy of credit information by credit providers and to protecting and safeguarding your privacy when you deal with us.

Collection of information and types of information collected

  1. Backyard in a Box collects, holds and discloses various types of credit-related information about individuals, including:
  • identification information such as current and prior names and addresses, age, contact details and driver’s licence number;
  • applications for consumer or commercial credit (including the name of each relevant credit provider), the type and amount of that credit and the fact Backyard in a Box has accessed consumer credit information to assess a relevant application;
  • that Backyard in a Box and other credit providers are or have been a provider of credit to an individual and the type, characteristics and maximum amount of credit that have been provided or will be provided;
  • the date that any credit contract Backyard in a Box or other credit providers have or had with an individual was entered into and the date that it comes to an end;
  • payments owed to Backyard in a Box or another credit provider, in connection with credit provided to an individual or in relation to which an individual is a guarantor, overdue for more than 60 days (and, if such an individual  subsequently repays any such overdue payment, the fact of that repayment);
  • whether in Backyard in a Box’ or another credit provider’s opinion an individual has committed a serious credit infringement;
  • whether an individual has entered into arrangements with Backyard in a Box or other credit providers in connection with credit provided to the individual;
  • court proceedings information, personal insolvency information and credit-related publicly available information;
  • scores, ratings, summaries, evaluations and other information relating to an individual’s credit worthiness which is derived by Backyard in a Box or its agents or by CRBs wholly or partly on the basis of the information above;
  • certain administrative information relating to credit, such as account and customer numbers.

While the Privacy Act uses a variety of terms to refer to the types of information  above, for ease of understanding and reading this policy, we will refer to it as “credit information”.

  1. Credit information may be collected in a number of ways including:
  • being provided by an individual directly to Backyard in a Box or by persons acting on behalf of the individual (such as on applications or other forms);
  • being provided by credit reporting bodies (“CRBs”) and other credit providers with the consent of the individual;
  • being information that is in the public domain;
  • being information is derived by Backyard in a Box us from an individual’s usage and (where applicable) trade on and repayment of any account held with Backyard in a Box. 

How credit information is held

  1. Any financial information that is collected via Backyard in a Box’ web site or through Backyard in a Box Trade or Supplier BITS Internet trading systems relating to you is used by Backyard in a Box to bill you for products and services. Any financial information that is collected is for the purpose of transaction approval and funds transfer. Any such financial information we collect from or about you is kept securely and held on secure servers in controlled facilities. 
  2. At or before the time any credit information is collected by Backyard in a Box about you, we will take reasonable steps to ensure that you are made aware of who we are, the fact that you are able to gain access to the information held about yourself, the purpose of the collection, the type(s) of organisations to which we usually disclose such information, any laws requiring the collection of the information and the main consequences for you if all or part of the information is not collected. 
  3. Backyard in a Box may hold credit information about you in physical form or in electronic form on our systems or the systems of Backyard in a Box’ service providers.
    The credit information Backyard in a Box holds about you is protected by physical, electronic, and procedural safeguards and Backyard in a Box also require its service providers that hold and process such information on Backyard in a Box’ behalf to follow appropriate standards of security and confidentiality. 
    Backyard in a Box trains its staff and others who work for it on how to handle credit information appropriately and Backyard in a Box restricts access to what is necessary for specific job functions.

Use of information collected and disclosure of personal information to others 

  1. We may collect, hold, use or disclose credit information held about you for the purposes for which such information is collected. These purposes include:
  •  to form decisions as to whether to provide an individual, or an entity associated with an individual, with credit or to accept an individual as a guarantor;
  •  to make assessments relating to an individual’s credit worthiness which are used in Backyard in a Box’ ongoing decision-making processes regarding provision of credit and the amount of such credit;
  • to participate in the credit reporting system and providing information to CRBs as permitted by Part IIIA of the Privacy Act and the Credit Reporting Code;
  •  to assist an individual or entity associated with the individual to avoid defaulting on credit-related obligations to Backyard in a Box or other credit providers;
  •  to undertake debt recovery and enforcement activities, including in relation to guarantors, and to deal with serious credit infringements;
  •  to deal with complaints and meet legal and regulatory requirements; and
  • to assist other credit providers to do the same.

(Some credit information may only be used or disclosed for some of the above purposes and in some circumstances. Some examples of circumstances are set out below.)

  1. Generally, Backyard in a Box will be permitted to use or disclose credit information held about you where you consented to the use or disclosure. Backyard in a Box may disclose credit information about you to CRBs and/or to other credit providers. For example, where you consented to the disclosure or where you failed to meet payment obligations in relation to credit provided by Backyard in a Box or if you have committed a serious credit infringement. 
  2. CRBs may include credit information provided by Backyard in a Box in reports provided to other credit providers to assist such other credit providers to assess the individual’s credit-worthiness. Backyard in a Box shares credit information with the following CRBs:

Veda Advantage Limited
Level 15,100 Arthur Street
North Sydney  NSW  2060
Telephone: 1300 762 207

Dun & Bradstreet (Australia) Pty Ltd
Ground floor
479 St Kilda Road
Melbourne VIC 3004
Telephone: 1300 734 806 

 

Rights in relation to CRBs

Anonymity and Pseudonymity

  1. You have the option of dealing with Backyard in a Box anonymously or with a pseudonym.  However, this only applies where it is practicable for Backyard in a Box to deal with you acting anonymously or under a pseudonym such as a general enquiry.  

Direct Marketing

  1. As part of Backyard in a Box’ functions and business activities and to promote the services we can provide to you, Backyard in a Box may use personal information that you have provided to Backyard in a Box for the purposes of direct marketing.  Direct marketing includes, but is not limited to, sending to you and/or contacting you in relation to promotions and information about Backyard in a Box.  We will generally do so where you have expressed an interest in receiving such information.  You can opt out of receiving direct marketing communications by sending an email to Backyard in a Box’ Privacy Officer atprivacy@Backyard in a Box.com.au or using the link or contact information provided in the direct marketing communication.

Links

  1. Our web site may contain links to other web sites and those third party web sites may collect personal information about you. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. Backyard in a Box encourages users to be aware when they leave the site and to read the privacy statements of each and every web site that collects personally identifiable information.

Security and storage

  1. Backyard in a Box places a great importance on the security of all information associated with our customers, clients and contractors. We have security measures in place to attempt to reasonably protect personal information against loss, misuse and alteration, interference, unauthorised access, modification or disclosure.  All personal information held is kept securely and that held electronically is held on secure servers in controlled facilities.
     
  2. Personal information is de-identified or destroyed securely when no longer required by us.
  3. Backyard in a Box retains the information you provide to us including your contact and credit card details to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes. This information is held on secure servers in controlled facilities.
  4. Information stored within our computer systems can only be accessed by those entrusted with authority and computer network password sanctions.
  5. No data transmission over the Internet can be guaranteed to be 100 per cent secure. As a result, while we strive to protect users’ personal information, Backyard in a Box cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once Backyard in a Box receives your transmission, it makes reasonable efforts to ensure its security on its systems.
  6. You are responsible for keeping your passwords and/or account information secret. You should be careful and responsible whenever you are online.

Access to and correction of personal information

  1. Backyard in a Box is committed to and takes reasonable steps to maintain accurate, timely, relevant, complete and appropriate information about our customers, clients and web-site users.
  2. You may request access to personal information about you held by Backyard in a Box.  Requests for access to your personal information should be made to:

    Backyard in a Box’ Privacy Officer
    16-18 Cato St,
    HAWTHORN EAST  VIC  3123
    AUSTRALIA

    Telephone: +613 8831 9740
    Email: privacy@Backyard in a Box.com.au
  3. Verification of identity is required with a request to access (or update personal information) so that we can ensure your personal information is disclosed only to you.
  4. Inaccurate information will be corrected upon receiving advice from you.
  5. If we refuse to provide you with access to or correct the personal information held about you by us, then we will provide reasons for such refusal.
  6. Backyard in a Box will respond to any requests for access or correction within a reasonable time of receipt of the request, but by no later than 30 days of the request being received. 

Complaints

  1. If you have a question or complaint about our Privacy Policies or Backyard in a Box’ collection, use or safe disposal or destruction of your personal information, your feedback should be directed in the first instance to Backyard in a Box’ Privacy Officer at the contact details set out at clause 19 of this policy.
  2. We will promptly investigate your feedback and attempt to resolve the matter. If you are not satisfied with the outcome of this procedure or we have not responded to you with a determination within 30 days then you may contact the Office of the Australian Information Commissioner:

    Office of the Australian Information Commissioner
    Website: www.oaic.gov.au
    Phone: 1300 363 992

    Or if in New Zealand: Privacy Commissioner (NZ)
    Website: www.privacy.org.nz

Transfer of information overseas

  1. Backyard in a Box does not ordinarily disclose personal information to overseas recipients.  Personal information will only be disclosed by Backyard in a Box to overseas recipients in accordance with law such as if the disclosure is required by Australian law.

Cookies

  1. Backyard in a Box collects information from the site using “IP files”.
  2. When you visit the Backyard in a Box site to read, browse or download information, our system will record/log your IP address (the address which identifies your computer on the internet and which is automatically recognised by our web server), date and time of your visit to our site, the pages viewed and any information downloaded. This information will only be used for the purpose of site analysis and to help us offer you improved online service. We may automatically collect non-personal information about you such as the type of Internet browsers you use or the site from which you linked to our Web Sites. You cannot be identified from this information and it is only used to assist us in providing an effective service on our Web Sites.

Changes to Privacy Policy

  1. If Backyard in a Box decides to or is required to change this Credit Privacy Policy, it will post changes on this Backyard in a Box Privacy Policy page so that users are always aware of what information is collected, how it is used and the way in which information may be disclosed. As a result, please remember to refer back to this Backyard in a Box Privacy Policy and Credit Privacy Policy regularly to review any amendments.

Contacting us

  1. If you require further information regarding our Privacy Policies, please contact us at the following address:

    E-mail: privacy@Backyard in a Box.com.au
  2. Should you wish to read more information on privacy legislation or the Australian Privacy Principles we recommend that you visit the  web-site of the office of the Australian Information Commissioner at www.oaic.gov.au or, if in New Zealand, the Privacy Commissioner’s website at www.privacy.org.nz

Acceptance

  1. You accept and acknowledge that your use of this site includes your acceptance of this Credit Privacy Policy, Backyard in a Box Privacy Policy and the Terms of Use.