Terms and Conditions

Welcome to Benny's Yardworks. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you and Benny's Yardworks ("we," "us," or "our").

1. Acceptance of Terms

By accessing and using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. We reserve the right to modify these Terms at any time without prior notice. Your continued use of the website after such changes constitutes your acceptance of the modified Terms.

2. Use of Website

Permitted Use

You may use our website for lawful purposes only. You agree to use the website in accordance with all applicable local, national, and international laws and regulations.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the website for any illegal purpose or in violation of any laws
• Attempting to gain unauthorized access to our systems or networks
• Interfering with or disrupting the website's operation
• Transmitting viruses, malware, or other harmful code
• Harassing, threatening, or defaming others
• Impersonating another person or entity
• Collecting or harvesting personal information from other users
• Using automated systems (bots, scrapers) without our permission
• Reverse engineering or attempting to extract source code
• Posting false, misleading, or fraudulent information

3. Intellectual Property Rights

Ownership

All content on this website, including but not limited to text, graphics, logos, images, videos, audio clips, and software, is the property of Benny's Yardworks or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the website or its content
• Modification, reproduction, or distribution of content
• Use of data mining, robots, or similar data gathering tools
• Any derivative use of the website or its content

4. Products and Services

Product Information

We strive to provide accurate product descriptions, images, and pricing information. However, we do not warrant that product descriptions, images, pricing, or other content is accurate, complete, reliable, current, or error-free.

Pricing

All prices are listed in Canadian dollars (CAD) unless otherwise stated. Prices are subject to change without notice. We reserve the right to modify prices, discontinue products, or correct pricing errors at any time.

Orders and Quotes

All quotes and orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent transactions.

5. User Accounts

If you create an account on our website, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and complete registration information
• Keeping your account information up to date

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent or illegal activities.

6. Payment Terms

Payment for products and services is due at the time specified in your quote or invoice. We accept various payment methods as indicated on our website. By providing payment information, you:

• Represent that you are authorized to use the payment method
• Authorize us to charge the specified amount
• Agree to pay all applicable taxes and fees
• Acknowledge that payment processing may be handled by third-party providers

7. Installation and Warranties

Installation Services

Installation services, when provided, will be performed in accordance with industry standards and best practices. Specific terms and conditions will be outlined in your service agreement or contract.

Product Warranties

Product warranties are provided by manufacturers and are subject to their terms and conditions. We will facilitate warranty claims but are not responsible for manufacturer warranty obligations.

Workmanship Warranty

Our installation workmanship is warranted as specified in your service agreement. This warranty does not cover damage resulting from improper use, maintenance, or circumstances beyond our control.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or completeness of content
• Security of data transmission

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENNY'S YARDWORKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business
• Loss of data or information
• Business interruption
• Personal injury or property damage
• Cost of substitute goods or services

Our total liability for any claim arising from or related to these Terms or our services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Benny's Yardworks, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your use or misuse of the website
• Your violation of any third-party rights
• Your violation of applicable laws or regulations

11. Third-Party Links and Content

Our website may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for any third-party content, products, or services. Your interactions with third-party websites are solely between you and the third party. We encourage you to review the terms and privacy policies of any third-party websites you visit.

12. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Saskatoon, Saskatchewan, Canada, for the resolution of any disputes arising from or related to these Terms.

Informal Resolution

Before initiating any legal proceedings, we encourage you to contact us to seek an informal resolution of any dispute or claim.

13. Termination

We reserve the right to terminate or suspend your access to our website and services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activities
• Requests by law enforcement
• Technical or security reasons
• Discontinuation of services

Upon termination, your right to use the website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on our website, constitute the entire agreement between you and Benny's Yardworks regarding your use of the website and supersede all prior or contemporaneous communications and proposals.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of the website after such changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.