Terms of Service
Thank you for visiting our website. This website is owned and operated by MOW NOW PTY LTD. These Terms and Conditions (Terms) govern your use of the MOW NOW service available through our website / email correspondence (@mownow.com.au) and any software applications that facilitate the scheduling, management and performance of the service (collectively, the functionality provided by us referred to as the “Service”).
- Commencement: This agreement between MOW NOW Pty Ltd (“We”, “Us”, “Our”, ABN 75 613 351 974) and the above Client is made and entered into upon engagement of Services or upon payment of the Service, whichever comes earlier.
(a) It is the responsibility of the Client to ensure necessary access to the area.
(b) If there is no access on-site whilst the gardener is there, and the gardener has not been able to reach the Client, the gardener will move on after 15 minutes and a call-out fee of $10 will be applicable.
- Service Updates:
(a) Any updates to these Terms of Service will be sent to you by email from email@example.com;
(b) We reserve the right at any time to change the price and billing methods for the Service, either immediately upon posting on the Company Properties, by text or email delivery to you, or any other reasonable means of communications.
- Payment of visits: All visits are prepaid at the time of the booking. Clients may process payment through the “Booking Confirmation” email or have our staff assist on the phone. Any payment processed online will automatically generate a receipt that is emailed directly to the client’s provided email.
(a) If you do not receive a receipt by email, please contact us at firstname.lastname@example.org so we can look into this further.
(b) All payments are handled by Stripe. We partner with Stripe to manage payments; by using our Service you agree to provide Stripe with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) and also agree to Stripe’s (https://stripe.com/us/terms). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities. By providing Stripe with your credit card number and associated payment information, you agree that the MOW NOW is authorized to immediately invoice your Account for all fees and charges due and payable to the MOW NOW hereunder and that no additional notice or consent is required. You agree to immediately update your payment details in Stripe is there is any change in your billing address or the credit card used for payment hereunder.
(c) You will be responsible for payment of the applicable fees for any Services requested to the address you provide us. You agree to pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
(d) Work completed is rounded off to the nearest 30 minutes. We can either issue a partial credit for future use with our Services, or a partial refund if a booking time is not fully utlised on the visit, in increments of 30 minutes. For example, If you book 1 man hour and a gardener completes this job in 30 minutes or less, we can issue a partial credit or partial refund for the balance of 30 minutes unused time. If you book 1 man hour and a gardener completes this job in 45 minutes, we cannot issue any partial refund or partial credit.
- Regular service
(a) After the initial visit, if a Regular Service is requested then this will automatically renew based on the recommended frequency and will continue indefinitely until terminated by you in accordance with the Terms.
(b) The subscription period will continue to renew at the agreed frequency set out in our written correspondence at the agreed price in writing.
(c) YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU CANCEL YOUR REGULAR SERVICE AT ANY TIME PRIOR TO THE RENEWAL COMMENCEMENT DATE BY CONTACTING US VIA EMAIL (email@example.com).
(b) If you do not wish your Account to renew automatically, or if you want to change or terminate your service, please contact us via email (firstname.lastname@example.org).
- Changes and Cancellations
(a) You can cancel or amend a visit by contacting the team, free of charge, up to 5pm AEST the day prior to the scheduled visit.
(b) If you cancel or amend a visit after these hours, you may have to pay a cancellation fee equivalent to $10 incl. GST.
(c) There is no minimum commitment term for either the Regular or Once-Off Service however you must inform us in writing to email@example.com according to the Terms if you wish to alter the frequency of the service, inclusions or if you wish to pause or cancel the service.
(a) Our base service includes lawn mowing, edging, cleaning up afterwards, unless otherwise specified in writing. There are surcharges for overgrown grass.
(b) It is the Client’s responsibility to accurately describe the state of their lawn and to supply us with relevant photos so we can provide an accurate quote.
(c) Weeding, removal of waste or any other gardening services are not included if this has not been included in writing in the booking email.
- Hard Litter and Animal Droppings
(a) As of 16 March 2020, there will be an Occupational Health & Safety (OHS) Surcharge equal to 50% of the Visit Price, if there are Animal Droppings or Hard Litter left in the lawns. For example. if your visit price is $90, the surcharge will be $45. The total for this visit will be $90 + $45 = $135
(b) The Surcharge will still be applicable even if the job is not finished and needs to be rebooked for another visit to allow more time to complete the work.
(c) The Gardener still maintains the right to refuse to do the job if there are too many animal droppings or hard litter. A $10 call out fee will be charged to the Client if no work has been done.
(e) Definitions: ‘Animal Droppings’ includes dog droppings and/or cat droppings. ‘Hard Litter’ includes loose glass, loose concrete/bricks, loose hard plastics, plasterboard, building materials.
(f) If the Surcharge applies, the gardener is under no obligation to remove any Animal Droppings off-site before or after doing the work.
(g) If the Surcharge applies, the gardener is under no obligation to remove any Hard Litter off-site before or after doing the work.
(h) The purpose of this Surcharge is to serve as a deterrent for clients leaving Hard Litter and Animal Droppings in the lawn for the gardener. This can cause serious health issues and/or injury whilst onsite.
(i) Is it the Client’s responsibility to ensure the yard is ready and clear before the scheduled visit. If a Client requires more time to clean up, please email us (at firstname.lastname@example.org) to change the visit date to when the yard is ready.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION: The information on our website or App is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
- Outstanding payments and Late payment: Failure to provide payment when due may incur late fees. If we do not receive the outstanding balance by the due date the Customer will be liable for:
(a) Interest on the outstanding balance from the default date at the rate of twelve per centum (12%) per annum calculated on a daily basis; An account keeping fee of $40.00 to be charged at the end of each calendar month after the default date until the outstanding balance has been paid;
(b) Any debt collection or recovery costs incurred by us; and if our debt collection agency (“the agency”) charges commission on a contingency basis then the Customer shall pay as a liquidated debt the commission payable by Us to the agency, at the agency’s prevailing rate as if the agency achieved one hundred per cent recovery;
(c) and Any charges reasonably made or claimed by Us’ or the agency’s lawyer for legal costs on the indemnity basis.
- Warranties and disclaimers: To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
(a) General Indemnity: You agree to indemnify MOW NOW, on-demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which MOW NOW may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of the Terms.
(b) General limitation of liability: We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents, use or reliance of Site Content or otherwise in connection with the Website or app.
(c) Services Liability: To the extent permitted by law, MOW NOW will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the services.
- Dispute Resolution Policy:
(a) Any issues with the service must be reported to MOW NOW within 5 days before payment is finalised. You must provide us with photos of any unsatisfactory visit within 5 days of the scheduled visit.
(b) MOW NOW will use reasonable endeavours to mediate any dispute concerning the use of the Website, app or service. Disputes in relation to the Services carried out or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
- Unacceptable activity: You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website or App, including but not limited to:
(a) Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals
(b) Using this website or our associated communication channels to defame or libel us, our employees or other individuals;
(c) Uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(d) Posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
(e) If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
- Intellectual property rights: Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
- Jurisdiction and governing law: Your use of the website and these Terms are governed by the law of Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Australia.