Policies

Effective Date: 1 July 2025

This document outlines the Privacy Policy, Website Terms & Conditions, and Website Disclaimer for Mowtion Gardens (ABN: 39447878943). By using our website or engaging our services, you agree to be bound by the terms outlined herein.

1. Privacy Policy

Mowtion Gardens is committed to protecting your privacy and personal information. This Privacy Policy outlines how we collect, use, disclose, store, and manage your personal information in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth).

1.1. What Personal Information We Collect

We may collect personal information from you, including but not limited to:

Contact Information: Name, email address, phone number, physical address (suburb).
Service-Related Information: Garden size, current state of garden, services interested in, maintenance frequency, additional information provided in forms.
Communication Preferences: Preferred method of contact, opt-in for promotions.
Technical Data: IP address, browser type, operating system, referring URLs, and website usage data collected via cookies and analytics tools (e.g., Google Analytics). This data is generally anonymised but may be linked to you if you provide personal information.

1.2. How We Collect Personal Information

We collect personal information in various ways, including:

Directly from you: When you fill out our online contact form, send us an email, call us, or communicate with us directly regarding our services.
Automatically: As you navigate our website, through the use of cookies and other tracking technologies.

1.3. Why We Collect Personal Information

We collect, hold, use, and disclose your personal information for the following primary purposes:

To respond to your inquiries and provide you with free quotes for our services.
To provide and manage our gardening services to you.
To communicate with you regarding your service requests, appointments, and general service updates.
To send you occasional updates and promotions, where you have explicitly opted-in to receive them.
To improve our website, services, and customer experience.
To comply with our legal obligations.

1.4. How We Use and Disclose Personal Information

We will only use or disclose your personal information for the purposes for which it was collected, or for a directly related secondary purpose that you would reasonably expect. We will not sell, rent, or lease your personal information to third parties.

We may disclose your personal information to:

Our employees and contractors involved in providing our services to you.
Third-party service providers who assist us in operating our business (e.g., website hosting, email marketing platforms, analytics providers), provided they adhere to strict confidentiality obligations.
Government or regulatory bodies as required or authorised by law.

1.5. Data Security

We take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification, or disclosure. This includes implementing appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

1.6. Accessing and Correcting Your Personal Information

You have the right to request access to the personal information we hold about you and to request that it be corrected if it is inaccurate, incomplete, or outdated. Please contact us using the details below to make such a request.

1.7. Marketing Communications (Spam Act Compliance)

If you have opted-in to receive promotional communications, we may send you emails about our services, seasonal offers, and other relevant updates. In compliance with the Spam Act 2003 (Cth), all marketing emails will clearly identify Mowtion Gardens as the sender and include an easy mechanism for you to unsubscribe at any time.

1.8. Cookies

Our website uses "cookies" to enhance your experience. Cookies are small data files stored on your device that help us understand how you use our site, improve navigation, and tailor content. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

1.9. Links to Third-Party Websites

Our website may contain links to third-party websites (e.g., social media platforms). We are not responsible for the privacy practices or content of these external sites. We encourage you to review the privacy policies of any third-party sites you visit.

1.10. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any changes will be posted on this page with an updated "Effective Date." We encourage you to review this policy periodically.

2. Website Terms & Conditions

These Terms & Conditions ("Terms") govern your use of our website and the services we offer. 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, you must not use our website.

2.1. Services Provided

Mowtion Gardens provides professional gardening and grounds maintenance services, including (but not limited to) standard garden maintenance (lawn mowing, weeding, pruning, etc.), specialty garden care, commercial grounds maintenance, and strata garden care. Detailed descriptions of our services can be found on our "Our Services" page.

2.2. Quotes and Service Agreements

All quotes provided by Mowtion Gardens are estimates based on the information provided. A formal service agreement will be provided and agreed upon before any work commences, outlining the scope of work, pricing, and specific terms relevant to your project.

2.3. User Obligations

By using this website, you agree to:

Use the website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this website by any third party.
Provide accurate, current, and complete information when submitting inquiries or using our contact forms.
Not engage in any conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
Not upload or transmit any malicious code, viruses, or harmful material.

2.4. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Mowtion Gardens or its content suppliers and is protected by Australian and international copyright laws. You may not reproduce, distribute, modify, display, or create derivative works from any part of this website without our prior written consent.

2.5. Australian Consumer Law (ACL) Compliance

Under Australian Consumer Law, our services come with certain guarantees. If there is a major problem with a service, you have the right to a refund or compensation. For minor issues, we will fix the problem within a reasonable time, or you can cancel the service and get a refund. These Terms do not limit your rights under the ACL.

We will provide refunds, repairs, or replacements in accordance with our obligations under the ACL. Our Terms & Conditions do not seek to limit or exclude any non-excludable consumer guarantees or rights.

2.6. Limitation of Liability

To the extent permitted by law, Mowtion Gardens is not liable for any direct, indirect, or consequential damages. This includes losses such as lost profits, data, or goodwill. This limitation applies whether the damages result from your use or inability to use the website, the conduct of third parties, content obtained from the website, or unauthorised access to your data, regardless of the legal theory (warranty, contract, negligence, etc.).

2.7. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Mowtion Gardens. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Mowtion Gardens shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

2.8. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Australian Capital Territory, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

2.9. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website after those revisions become effective, you agree to be bound by the revised terms.

3. Website Disclaimer

The information provided on the Mowtion Gardens website is for general informational purposes only. All information on the site is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the site.

3.1. Not Professional Advice

The content on this website, including any gardening tips, seasonal advice, or general information, is not intended to be a substitute for professional advice. Gardening results can vary significantly based on specific local conditions, soil type, climate, plant health, and individual care practices. We strongly recommend seeking a personalised consultation from Mowtion Gardens or another qualified professional for advice tailored to your specific garden needs.

3.2. External Links Disclaimer

Our website may contain links to other websites or content belonging to or originating from third parties. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

3.3. Limitation of Liability

Mowtion Gardens is not liable for any loss or damage resulting from your use of, or reliance on, the information provided on this site. Your use of the site and your reliance on any information on the site is solely at your own risk.

3.4. Changes to This Disclaimer

We reserve the right to amend this disclaimer at any time without notice. By continuing to use the website, you agree to be bound by the current version of this disclaimer.