Terms and Conditions
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Gardener Co’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Gardener Co’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Gardener Co at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Gardener Co’s web site are provided “as is”. Gardener Co makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Gardener Co does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Gardener Co or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Gardener Co’s Internet site, even if Gardener Co or a Gardener Co authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Gardener Co’s web site could include technical, typographical, or photographic errors. Gardener Co does not warrant that any of the materials on its web site are accurate, complete, or current. Gardener Co may make changes to the materials contained on its web site at any time without notice. Gardener Co does not, however, make any commitment to update the materials.
6. Links
Gardener Co has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Gardener Co of the site. Use of any such linked web site is at the user’s own risk.
7. Site Terms of Use Modifications
Gardener Co may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Unpaid Services
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
9. Governing Law
Any claim relating to Gardener Co’s web site shall be governed by the laws of the State of Western Australia without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
10. Breakage and Loss Policy
If there is any breakage or loss during your service, notification of such an event must be made to Gardener Co within 72 hours of service. Gardener Co requires photo evidence and estimates of damages sent so we can help to repair or replace the broken, damaged or lost item.
Gardener Co reserves the right to contract suitable professionals to repair damages, and will make payment arrangements directly with its contractors to settle any damage repair.
Gardener Co is not responsible for breakage due to normal wear and tear, deterioration cause by age, or damage caused by improper assembly, construction, or mounting of an item. Please inform us immediately if any items in your garden require this type of attention.
Gardener Co is not responsible for the loss of keys and/or replacement. We do not accept keys from customers and prefer usage of lockboxes.
11. Hazardous Condition Policy
If your property is deemed a hazardous gardening situation that either endangers or puts Gardener Co gardeners at risk, we reserve the right to walk away. Upon such a situation, you will be charged a $50 booking fee due to holding your space in our schedule.
12. Booking Policy
Any bookings made with less than 24 hours notice are subject to gardener availability. If the booking is not possible we will offer a reschedule or a full refund.
13. Duration Policy
Duration provided is given as man-hours. If teams of larger than one gardener are assigned, the duration will be divided by the number of team members.
14. Cancellation Policy
Any cancellations made within a 24 hour timeframe of a job commencing will be subject to cancellation fees of 50% of the full service fee to cover lost wages for the teams.
A cancellation fee equal to 100% of the full service fee applies when our team arrives to a scheduled job and:
- We are locked out
- We are asked to reschedule at the door
- The customer or representative is not present as arranged to let us in
15. Satisfaction Guarantee
If you are not satisfied with Gardener Co’s service we are happy to provide a re-service or partial refund. Notification with photographic evidence must be provided via email or phone within 72 hours to allow our team to assess and assist.
16. Duration Flexibility Policy
Gardener Co provide gardening services is based on size or by the hour. Services selected by size are completed in line with the Gardener Co services check list. Our professional gardeners will work down this list until the job is completed.
For all “By Size” bookings, we provide our gardeners with timing estimates for different garden sizes based on square meterage. We understand that often these may be incorrect. In the rare event that your garden is not services within our estimated time we are happy to work up for up to 1 hour longer. Any additional time required to complete the job may incur charges. This does not apply for “Hourly” bookings.
17. Gardening Checklist Policy
Gardener Co provides our gardeners with a checklist to follow to ensure a high standard of service is provided. For “By size” services, the checklist will be completed, whilst for hourly cleans the cleaners will follow the checklist until the allocated time has passed or work to your specifications. The Gardener Co checklist does not apply to hourly services.
18. Gardening Specifics Policy
Garages/carports/balcony’s are not covered as part of Gardener Co’s services. Gardening is exclusively gardens only.
19. Late Payment Policy
Where Gardener Co has agreed to invoice the customer for payment of fees after the Service has been completed, the customer agrees to pay in full, all fees due, within 7 days of the invoice date, unless otherwise agreed in advance.
The Customer agrees that if Gardener Co has not received payment in full for the Service within 28 days month of the original invoice date then a late payment fee of $120.00 applies plus interest that will be charged on the fixed rate of 10% per month on each day that any amount remains outstanding thereafter.
In addition to the amounts set out above, the Customer agrees to indemnify Gardener Co for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Gardener Co in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
20. Garden Size Policy
All ‘By Size’ services must have the size of the garden specified. The size specified must fall with one of three options: small (10-30m²), medium (30-70m²) and large (70m²+). If the selected size is incorrect upon arrival, Gardener Co reserves the right to charge the correct fee as per actual size.
21. Garden Condition Policy
All ‘By Size’ services must have the condition of the garden specified. The condition specified must fall with one of three options: well maintained, needs work or overgrown. If the selected condition is incorrect upon arrival, Gardener Co reserves the right to charge the correct fee as per actual size.
20. Discount Code Policy
Discount codes are only eligible for new customers that book Gardener Co gardening services.
The discount amount applies to the first service received by the customer. Any subsequent services (once off or recurring) do not receive the discount amount.
20. Key Pickup Policy
If a service requires key pick up from a different location a fee of $50 will be charged to cover time/petrol expense.
