TERMS AND CONDITIONS FOR BOOKING SERVICES AND JUST BROWSING

Welcome to Dylan’s Mowing.

In these terms, we also refer to Dylan’s Mowing as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being https://dylansmowing.com/ and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you book services through this Website (“Services”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

• Part A: Terms for when you make a Booking for Services (applies when you book)
• Part B: Terms for when you browse and interact with this Website (applies when you browse)
• Part C: Liability and warranties, and interpretation provisions (applies to both Booking and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Services unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you make a Booking, the terms accepted at the point of sale will apply to your Booking of those Services. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or book Services. You can check the date at the top of this page to see when we last updated these terms.

• For When You Book Services…
• Making a Booking
  • By making a booking for our Services through any method, including:
    • our Website’s booking functionality;
    • the “Request a Quote” function;
    • contacting us directly by phone, SMS, or email; or
    • responding to a manual quote provided by us;

together, a “Booking”, you represent and warrant that:

• you have the legal capacity and are of sufficient age to enter into a binding contract with us;
• if you are under the age of 18 years, you have your parent or guardian’s permission to make a Booking for Services; and
• you are authorised to use the debit or credit card you provide at the time of Booking.

• Making a Booking constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Services you have booked in exchange for your payment of the total amount listed upon making the Booking.
• Part A of these terms is not agreed between you and us until we confirm your Booking by email, SMS, or other written confirmation, or otherwise confirm your acceptance of a quote.
• From time to time, we may accept Bookings from you by contacting us directly by texting, emailing, or over the phone to assist you with making a Booking.

• ACCOUNTS
  • To make a Booking, you sign-up, register and receive an account through the Website (an Account).
  • As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
  • You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
  • Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
  • We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
  • Where you choose not to sign up for an Account, we may require additional information from you before confirming your Booking.
• SERVICES
  • general
    • In consideration for the payment of the fees set out in the Booking (Fees), Dylan’s Mowing will provide you with services set out in the Booking (Services) at the site set out in the Booking (Job Site).
    • Unless otherwise agreed, Dylan’s Mowing may, in its discretion:
      • not commence work on any Services until you have paid any Fees or deposit payable in respect of such Services; and
      • withhold delivery of Services until you have paid an invoice in respect of such Services.
    • By making a Booking online, you agree to the frequency of Services as selected during the Booking process which shall be weekly, fortnightly or monthly.
    • Services will automatically repeat at the selected frequency unless you cancel in accordance with these terms. Dylan’s Mowing does not offer one-off bookings.
  • standard of services
    • Dylan’s Mowing will provide the Services to you:
      • in accordance with your reasonable directions;
      • in accordance with the scope of work set out in the Booking;
      • with due care and skill and in a professional, punctual and diligent manner; and
      • in a manner so that the Services are fit for their intended purpose.
    • Dylan’s Mowing will always endeavour to perform the Services on the scheduled date as set out in the Booking. However, performance is subject to factors beyond our control, such as:
      • shortage of labour or personnel available to Dylan’s Mowing;
      • adverse weather events, including rain, extreme heat and more severe weather events;
      • COVID-19 (or other pandemic) related Government decision or advice,
    • In the event, that extreme weather is predicted or occurs during a scheduled Booking, Dylan’s Mowing reserves the right to delay, suspend or stop providing the Services to you on that day in order to protect the welfare and safety of their staff members. In such case, Fees for all Services complete until suspension of Services is required, will remain payable to Dylan’s Mowing.
  • CLIENT OBLIGATIONS
    • general obligations

You acknowledge and agree:

• to communicate with Dylan’s Mowing as reasonably required for the purpose of enabling Dylan’s Mowing to provide the Services;
• that it has the right to authorise Dylan’s Mowing to provide the Services at the job location;
• that the job location will be safe and secure, free from any obstacles or other hazards (including pet waste) and that may cause injury to Dylan’s Mowing’s personnel or damage to Dylan’s Mowing’s equipment;
• that the job location will be free of any furniture, equipment or any other items that may obstruct Dylan’s Mowing from performing the Services. Dylan’s Mowing will not be responsible for any incomplete performance of the Services if any item obstructs the Services from being performed;
• you will provide Dylan’s Mowing with access to the job location at each scheduled day;
• as set out in the Booking including through Client personnel or provision of security codes and keys. If Dylan’s Mowing is unable to gain access to the job location, Dylan’s Mowing will notify you and it is your responsibility to reschedule any Services. Dylan’s Mowing reserves the right to charge you for any additional expenses incurred by Dylan’s Mowing if the Services are rescheduled; and
• that the number of Bookings each month may vary depending on the Schedule Day and days in the calendar month.

• dependencies
  • Dylan’s Mowing’s ability to perform its obligations under this agreement may be dependent on you fulfilling your obligations.
  • To the extent that you do not fulfil your obligations under this agreement, then (without prejudice to Dylan’s Mowing’s rights and remedies) Dylan’s Mowing will be relieved of its obligations to you to the extent that, and only for so long as, Dylan’s Mowing is prevented from performing the Services in accordance with this agreement, and Dylan’s Mowing will not be liable for any loss, damage, cost or expense suffered by you arising out of or relating to the aforementioned. In such case, the full Fees will still apply.
• damage
  • While every effort is made to ensure that damage is not caused to the job location, you acknowledges and agrees that Services might occasionally cause minor damage to the job location.
  • Dylan’s Mowing will not be liable for any damage arising out of any pre-existing conditions of the job location.
• NO GUARANTEED OUTCOME
  • All information provided as part of the Services is an opinion only, based on Dylan’s Mowing’s experience and expertise.
  • Dylan’s Mowing does not guarantee any particular outcome.
  • If Dylan’s Mowing performs Services to remove weeds, Dylan’s Mowing does not guarantee that the removal will be permanent, may be affected by rain immediately after the Services are completed, and you acknowledge that weeds may return which will be your responsibility to remove.
• PAYMENT
  • All prices are:
    • per unit (for lawn mowing services) (except where indicated);
    • per hour (for gardening, with a 30 minute minimum when combined with lawn mowing services and 60 minute minimum when booked as a singular service);
    • in Australian Dollars; and
    • subject to change prior to you completing a Booking without notice.
  • (Payment obligations) Unless otherwise agreed in writing, you must pay for all Services at the time of making a Booking. Where the parties agree to post-Service billing, Dylan’s Mowing may email you an invoice or charge your credit card on file 24 hours after Service completion.
  • (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Dylan’s Mowing, you must pay the GST subject to Dylan’s Mowing providing a tax invoice.
  • (Card surcharges) Dylan’s Mowing reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
  • (Late Payment) If you do not pay an amount due under this agreement on or before the date it is due:
    • Dylan’s Mowing may immediately suspend provision of the Services;
    • without limiting any of Dylan’s Mowing other rights under these terms, you must pay Dylan’s Mowing a late fee of $20; and
    • if an amount due under this agreement remains unpaid for 30 days’, you must reimburse Dylan’s Mowing for any costs it incurs, including any debt recovery or legal costs in connection with recovering the amount due or enforcing any of its rights under this agreement.
  • (Online payment partner) We may use third-party payment providers such as Stripe and GoCardless (Payment Providers) to collect payments for Services. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible Stripe Privacy and GoCardless Privacy, and to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
  • (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Services were purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of booking Services at the correct price or cancelling your Booking. If you choose to cancel your Booking and payment has already been debited, the full amount will be credited back to your original method of payment.
• PHOTOGRAPHY AND VIDEOGRAPHY
  • In the course of providing the Services, we may take photographs or video recordings of the service area.
  • From time to time, we may upload such photographs or video recordings to our social media platforms for the sole purpose of promoting our brand and Services.
  • If you do not want us to take photos or videos of you or your lawn, please let us know before we provide any Services to you. Otherwise, your acceptance of this agreement (and our privacy policy as in force from time to time) will constitute your consent to us storing, maintaining, using and disclosing (including capturing and sharing) such photos and videos.
• SUBCONTRACTING

Dylan’s Mowing may subcontract any aspect of providing the Services and you hereby consent to such subcontracting.

• CHANGES
  • You must pay additional service fees in an amount determined by Dylan’s Mowing (Change Fee) for changes to Services requested by you which are outside the scope set out in the relevant Booking and require Dylan’s Mowing to perform additional work or incur additional costs (Changes). Additional work may be required where Dylan’s Mowing deems the lawn to be significantly overgrown.
  • Unless otherwise agreed in writing, Dylan’s Mowing may at its discretion extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such Changes.
  • Dylan’s Mowing will only be required to perform Changes if you pay the Change Fee, in accordance with clause 8(a) as if it was a Fee.
• ISSUES WITH SERVICES
  • If you are dissatisfied with a particular Service, you may notify Dylan’s Mowing in writing within 7 days of the Service being completed including providing photos (where possible) of the issue and request that Dylan’s Mowing rectify the issue. If Dylan’s Mowing (in its absolute discretion) considers the request reasonable, Dylan’s Mowing will endeavour to attend your premises within a reasonable time to rectify the issue. Dylan’s Mowing reserves the right to further inspection before deeming the Services faulty.
  • Nothing in this clause 9 is intended to limit the operation of the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (such as a refund, replacement or repair) if there is a failure with the goods or services provided.
• CHANGES TO YOUR BOOKINGS
  • CANCELLATION BY US

We reserve the right to cancel your Booking for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

• CANCELLATION BY YOU
  • If you need to cancel or reschedule a Booking, you must do so via the Website or by contacting us directly.
  • Where you cancel your Booking:
    • with at least 24 hours’ notice, you will not be charged any Fees for cancelling or rescheduling that Booking; and
    • with less than 24 hours’ notice (or otherwise do not present for your Booking at the agreed place or date), we may charge you 50% of the Fees for that Booking (Cancellation Fee).
  • You acknowledge and agree that the Cancellation Fee is reasonable and necessary to compensate us for the loss of business opportunity directly arising from your late cancellation or rescheduling.
• INTELLECTUAL PROPERTY
  • We retain all intellectual property rights in the any materials used or provided to you during the Services (or those rights are owned by a third party and used under licence). You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Services or use those materials for any other purpose.
  • In this clause 11, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
• THIRD PARTY TERMS SUPPLIERS
  • If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
  • Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Services or any services related to providing the Services and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  • You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Services to you, and you can cancel your Booking in accordance with clause 10.

• For When You Browse This Website…

• ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

• YOUR OBLIGATIONS

You must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Dylan’s Mowing;
• use the Website for any purpose other than the purposes of browsing, selecting or booking Services;
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
• use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
• use the Website with the assistance of any automated scripting tool or software;
• act in a way that may diminish or adversely impact the reputation of Dylan’s Mowing, including by linking to the Website on any other website; and
• attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  • gaining unauthorised access to Website accounts or data;
  • scanning, probing or testing the Website for security vulnerabilities;
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  • instigate or participate in a denial-of-service attack against the Website.
• INFORMATION ON THE WEBSITE
  • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
    • the Website may have errors or defects (or both, as the case may be);
    • the Website may not be accessible at times;
    • messages sent through the Website may not be delivered promptly, or delivered at all;
    • information you receive or supply through the Website may not be secure or confidential; and
    • any information provided through the Website may not be accurate or true.
  • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including services descriptions, prices and other Website Content (as defined below).
• INTELLECTUAL PROPERTY
  • Dylan’s Mowing retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content), or the Website Content is used under licence, and we reserve all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Dylan’s Mowing or as permitted by law.
  • In this clause 16, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
• LINKS TO OTHER WEBSITES
  • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
  • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
• SECURITY

To the maximum extent permitted by law, Dylan’s Mowing does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

• REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

• Liability And Other Legal Terms

• LIABILITY
  • WARRANTIES
    • Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund or resupply of the Services) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL.
    • To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
  • LIABILITY
    • To the maximum extent permitted by law and subject to 2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Dylan’s Mowing in the 6 months preceding the date of the event giving rise to the relevant liability.
    • Clause 2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clauses 4.
  • Consequential loss

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Services or services provided by us, except:

• in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
• to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

• GENERAL
  • GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

• WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

• SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

• JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

• ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

• COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

• ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

• INTERPRETATION
  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (currency) a reference to $, or “dollar”, is to Australian currency;
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
• NOTICES 
  • Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 
  • If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 
  • The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.