Terms of Service

1. About These Terms

These Terms of Service ("Terms") form a binding agreement between you ("Customer", "you") and Taine Foxcroft trading as CutCycle (ABN 71 463 916 455) ("CutCycle", "we", "us", "our"). They govern your use of our subscription garden maintenance services and the CutCycle mobile application ("App").

By signing up for a CutCycle plan, you agree to these Terms. If you do not agree, please do not use our services.

We may update these Terms from time to time. We will give you at least 30 days written notice (by email) of any material changes. If you continue to use our services after that notice period, you accept the updated Terms. If you do not agree with a change, you may cancel your plan without incurring an early termination fee.

2. The Service

CutCycle provides garden maintenance on a subscription basis within the Brisbane metropolitan area. Our core services include:

• Lawn mowing, edging, and blowing
• Hedge trimming
• Weeding
• Fertilising
• Mulching

All services are performed by CutCycle employees. We do not use subcontractors.

We aim to deliver each service with due care and skill, consistent with the standards expected of a competent garden maintenance provider in Brisbane. Services are subject to seasonal conditions and local council regulations.

3. Subscriptions and Plans

3.1 Plan types

We offer two plan lengths:

• 6-month plan — minimum commitment of 6 months from your start date.
• 12-month plan — minimum commitment of 12 months from your start date.

"Lock-in" means you commit to keeping your plan active for at least the minimum term. You may still cancel during the lock-in period, but an early termination fee applies (see Section 8).

3.2 Visit frequency

You choose how often we visit:

• Weekly — 10% discount on per-visit pricing
• Fortnightly — 5% discount on per-visit pricing
• Monthly — standard pricing

You can change your frequency with 14 days notice. Frequency changes take effect from the next billing cycle.

3.3 Property size and pricing

3.4 Add-on services

Add-ons can be included in your plan as a recurring service or requested on a one-off basis through the App. One-off add-ons are charged at the prices listed above.

3.5 Plan renewal

At the end of your lock-in period, your plan automatically continues on a rolling month-to-month basis at the same frequency and pricing, unless you cancel or we notify you of a price change.

4. Pricing and Payment

4.1 Prices and GST

All prices quoted are in Australian dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless expressly stated otherwise. GST of 10% is added to all taxable supplies.

4.2 Payment method

Payment is made through the CutCycle App via our payment processor, Stripe. We accept credit card and BECS Direct Debit. You must maintain a valid payment method on file at all times while your plan is active.

4.3 Invoicing and payment terms

We invoice you through the App after each service visit is completed. Payment is due within 14 days of the invoice date.

4.4 Late payment

If an invoice remains unpaid after 14 days:

• We may suspend your services until the outstanding balance is paid in full.
• We may charge reasonable costs incurred in recovering the debt, including collection agency fees.
• We will make reasonable efforts to contact you before suspending services, including at least one reminder via the App or email.

We will not charge interest on overdue amounts.

4.5 Price changes

We may adjust our prices from time to time. We will give you at least 30 days written notice of any price change. If you do not agree with the new pricing, you may cancel your plan before the change takes effect without incurring an early termination fee, regardless of whether you are within a lock-in period.

5. Scheduling and Access

5.1 Scheduling

We schedule your visits on a regular day each week, fortnight, or month (depending on your plan). We will notify you via the App the day before each scheduled visit.

While we aim to keep your regular day consistent, we may occasionally need to adjust your service day due to operational requirements. We will give you as much notice as reasonably practicable.

5.2 Property access

You must ensure our crew can access your property on the scheduled service day. This includes:

• Unlocking gates or providing access instructions
• Removing vehicles, furniture, toys, and other items from lawn areas
• Securing pets indoors or in a separate area (see Section 9)

5.3 Failed access

If our crew arrives and cannot reasonably access your property (locked gate, blocked access, aggressive unsecured animal), the visit will be recorded as completed and the standard visit fee will apply. We will notify you via the App and attempt to contact you by phone. If we cannot resolve access within 15 minutes of arrival, the crew will move on.

5.4 Rescheduling

You may reschedule a visit with at least 24 hours notice via the App. You are allowed a maximum of 2 reschedules per billing cycle. Additional reschedule requests are subject to availability and may not be accommodated.

5.5 Skipping visits

You may skip up to 2 scheduled visits per 6-month period, provided you give us at least 48 hours notice via the App. Skipped visits are not charged and do not carry over between periods.

6. Weather and Service Disruptions

We will reschedule your visit at no charge in the following circumstances:

• Heavy rain or thunderstorms on the day of your scheduled visit
• Severe weather events (storms, flooding, cyclone warnings)
• Extreme heat (forecast maximum above 38°C at your location)

Weather-affected visits will be rescheduled to the next available day. We will notify you via the App and/or SMS as soon as practicable on the day.

Decisions about whether weather conditions are unsuitable for service are made by CutCycle at our reasonable discretion, taking into account crew safety and the quality of the work that can be performed.

7. Service Quality and Complaints

7.1 Our standard

We aim to deliver consistent, professional service every visit. Our crews follow best-practice maintenance techniques appropriate for Brisbane's subtropical climate and conditions.

We do not guarantee a specific grass height or finish, as appropriate cutting heights vary by grass type, season, and conditions. Our crews will use their professional judgement in line with industry best practice.

7.2 Our guarantee

If you are not satisfied with the quality of a visit, contact us within 48 hours through the App. We will send a crew back to address the issue at no additional charge.

7.3 Complaints process

To make a complaint:

1. Contact us through the App with a description of the issue.
2. We will acknowledge your complaint within 1 business day.
3. We will investigate and respond with a resolution within 5 business days.
4. If you are not satisfied with the resolution, see Section 12 (Dispute Resolution).

8. Cancellation

8.1 Cancellation by you

You may cancel your plan at any time by giving us 14 days written notice via email or through the App.

• Within your lock-in period: An early termination fee applies, calculated as 25% of the standard visit fee multiplied by the number of remaining scheduled visits in your lock-in term. For example, if you have 10 visits remaining on a $60/visit plan, the early termination fee would be $150 (25% × $60 × 10).
• After your lock-in period: No termination fee applies. You just need to provide 14 days notice.

The early termination fee does not apply if you are cancelling because:

• We have increased your prices and you cancel before the increase takes effect (see Section 4.5).
• We have materially changed these Terms and you cancel before the change takes effect (see Section 1).
• We have failed to provide services in accordance with the consumer guarantees under the Australian Consumer Law.

8.2 Cancellation by us

We may cancel your plan with 30 days written notice, for example if we stop servicing your area, if your property presents unacceptable safety risks, or if your account remains overdue for more than 30 days despite our reasonable efforts to contact you.

8.3 Refunds

If you have pre-paid for services that have not yet been delivered, we will refund the unused amount within 14 business days of cancellation. Refunds are processed to your original payment method.

9. Your Obligations

To allow us to deliver our services safely and effectively, you agree to:

1. Ensure clear access to your property on your scheduled service day.
2. Disclose any known hazards on your property, including but not limited to: uneven ground, hidden objects, exposed tree roots, underground pipes or cables, wasp or bee nests, and dog waste.
3. Secure all pets indoors or in a separate enclosed area during each visit. Our crew are not required to enter a property where animals are unsecured.
4. Pay all invoices within the payment terms set out in Section 4.
5. Notify us via the App of any material changes to your property that may affect our services, such as new garden beds, structures, irrigation systems, or landscaping.
6. Provide accurate contact and property information when you sign up and keep it up to date.

10. Our Obligations

We commit to:

1. Perform all services with due care and skill, in accordance with the consumer guarantees under the Australian Consumer Law.
2. Provide services that are fit for the purpose of maintaining your garden in good condition.
3. Provide at least 24 hours notice before each scheduled visit via the App.
4. Maintain appropriate public liability insurance (currently $10 million).
5. Maintain our equipment in safe working order.
6. Comply with all applicable Queensland workplace health and safety legislation.
7. Respond to complaints within the timeframes set out in Section 7.

11. Property Damage and Liability

11.1 Insurance

CutCycle holds public liability insurance with coverage of $10 million. A certificate of currency is available on request.

11.2 Our responsibility

We take reasonable care to avoid damage to your property while performing our services. If our crew causes damage to your property during a service visit, please report it to us within 48 hours with a description and, where possible, photographs. We will assess the damage and, where we are at fault, arrange repair or provide fair compensation.

11.3 Limitations

We are not liable for:

• Pre-existing damage to your property or its contents.
• Damage to underground pipes, cables, irrigation lines, or other concealed infrastructure that you have not disclosed or that is not visibly marked.
• Damage to items left on the lawn or in the service area (garden ornaments, toys, tools, hoses, etc.).
• Minor cosmetic effects that are inherent to normal mowing operations, such as clippings dispersal or minor stone displacement. We take reasonable steps to mitigate these risks but cannot eliminate them entirely.
• Plant damage resulting from services you have requested (for example, trimming hedges to a height you specified).

11.4 Hazard disclosure

You must disclose any known hazards on your property before we commence services (see Section 9(b)). If you fail to disclose a hazard and our crew or equipment is injured or damaged as a result, you may be liable for reasonable costs incurred.

12. Limitation of Liability

To the maximum extent permitted by law, and subject to Section 12.3:

12.1 Cap on liability

Our total liability to you for any claim arising under or in connection with these Terms or our services is limited to, at our election:

1. re-performing the relevant service; or
2. refunding the fee paid for the relevant visit.

12.2 Exclusion of indirect loss

We are not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profit, loss of revenue, loss of data, or loss of opportunity, however caused, whether in contract, tort (including negligence), statute, or otherwise.

12.3 Consumer guarantees preserved

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded or limited. If any term of this agreement is inconsistent with a consumer guarantee under the Australian Consumer Law, the consumer guarantee prevails to the extent of the inconsistency.

13. Dispute Resolution

13.1 Informal resolution

If you have a dispute about our services, please contact us first through the App. We will work with you in good faith to resolve the issue.

13.2 Escalation

If we cannot resolve the dispute informally within 14 days, either party may:

• Lodge a complaint with the Office of Fair Trading Queensland.
• Apply to the Queensland Civil and Administrative Tribunal (QCAT) for resolution of a minor civil dispute.

13.3 Governing law and jurisdiction

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.

14. Privacy

We collect and handle your personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and our Privacy Policy. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

The personal information we collect includes your name, address, contact details, payment information, and property details. We use this information to provide and improve our services, process payments, and communicate with you about your account.

We do not sell your personal information to third parties. We may share information with our payment processor (Stripe) and other service providers as necessary to deliver our services.

15. Intellectual Property

All content in the CutCycle App and website, including text, graphics, logos, and software, is owned by Taine Foxcroft trading as CutCycle or its licensors and is protected by Australian intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our written consent.

16. General Provisions

16.1 Entire agreement

These Terms, together with your plan details as shown in the App, constitute the entire agreement between you and CutCycle regarding our services. They supersede any prior representations, understandings, or agreements.

16.2 Severability

If any provision of these Terms is found to be invalid, unenforceable, or void by a court or tribunal of competent jurisdiction, that provision is severed and the remaining provisions continue in full force and effect.

16.3 Waiver

A failure or delay by either party to exercise any right under these Terms does not constitute a waiver of that right.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms to a successor entity (for example, in the event of a sale of the business), provided the successor agrees to honour these Terms.

16.5 Notices

Any notice required under these Terms must be in writing and may be sent through the App or via email. Notices to CutCycle should be sent through the App. Notices to you will be sent to the email address associated with your account or through the App.

16.6 Force majeure

Neither party is liable for any failure or delay in performing their obligations where the failure or delay results from circumstances beyond their reasonable control, including natural disasters, pandemics, government restrictions, or infrastructure failures. We will use reasonable efforts to minimise the impact on your services and resume normal operations as soon as practicable.