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, the CutCycle mobile application ("App"), and the CutCycle website.

By signing up for a CutCycle plan, you acknowledge that you have read, understood, and agree to be bound by 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 (via the App or 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 material change, you may cancel your plan with nothing repayable under clause 11.1, provided you cancel before the change takes effect.

2. Definitions

In these Terms:

• "App" means the CutCycle mobile application available on iOS and Android.
• "Baseline Assessment" means the documented condition of your property at the commencement of services, including photographs (see Section 8).
• "Crew" means the CutCycle personnel who attend your property to perform a Visit. The Crew is Taine Foxcroft and any person CutCycle employs. We do not use independent subcontractors.
• "Minimum Term" means the initial commitment period of your plan (6 or 12 months from your start date).
• "Plan" means the specific combination of services, frequency, and pricing agreed between you and CutCycle, as recorded in the App.
• "Service Area" means the geographic area within which CutCycle operates, as published on our website and updated from time to time.
• "Visit" means a single scheduled attendance at your property to perform the services included in your Plan.

3. The Service

3.1 What we do

CutCycle provides garden maintenance on a subscription basis within the Brisbane metropolitan area. Your Plan is the mowing service: a full mow, edging along paths and garden beds, line trimming, and blowing clean, with the clippings mulched back into your lawn (clause 3.5). Your Plan price is calculated from the area of your lawn and does not change with the season or the frequency you choose.

Everything else — hedge trimming, weeding, fertilising, garden bed mulch, turf laying, pressure washing, and bulk green waste removal — is an Extra. An Extra is never included in your Plan price. You request an Extra in the App, we price it from its size before you confirm, and it is charged as a separate one-off invoice for the visit on which it is done.

A service you want on every visit rather than once can instead be added to your Plan as a Standing Add-on. Green waste removal (clause 3.5) is one. You choose a Standing Add-on yourself in the App at a rate shown to you before you confirm; it appears as its own separate line on your monthly invoice, it never changes your Plan price, and you can remove it yourself at any time. Clause 5.7 sets out how a Standing Add-on is billed. The specific services included in your Plan are agreed at signup and recorded in the App.

3.2 Service standard

All services are performed by CutCycle personnel — Taine Foxcroft or a person CutCycle employs — and never by independent subcontractors. CutCycle is responsible to you for every visit, whoever performs it. We deliver each service with due care and skill, consistent with the standards expected of a competent garden maintenance provider in Brisbane.

We do not guarantee a specific grass height, finish, or aesthetic outcome, as appropriate maintenance varies by grass type, season, soil condition, and weather. We use our professional judgement in line with industry best practice for Brisbane's subtropical climate.

3.3 Service hours

Services are performed between 7:00 AM and 5:00 PM, Monday to Friday, in compliance with local council noise regulations. We do not perform services on weekends or Queensland public holidays unless separately agreed in writing.

3.4 Service area

We service selected suburbs within the Brisbane metropolitan area. Our current service area is published on our website. We may adjust our service area from time to time. If we stop servicing your suburb, we will give you at least 60 days notice and you may cancel with nothing repayable under clause 11.1.

3.5 Green waste and clippings

By default we mulch the clippings back into your lawn, and that costs you nothing. Mulching in returns nitrogen and moisture to the soil, is the better result for a lawn through a Brisbane summer, and is included in your Plan price. It is what happens unless you ask us for something else.

If you would rather we took the clippings away, that is a Standing Add-on at $30 per visit. Removal is not part of the Plan price and is not included in it. You add removal, and remove it again, yourself in the App; the rate is shown to you before you confirm; it is billed as its own separate line on your monthly invoice under clause 5.7; and it is never added to your Plan unless you choose it. Take it off and you go back to mulching in, at no charge, from your next visit. Where you have removal, our crew may still leave a light scattering of clippings on the lawn where, in their professional judgement on the day, doing so is better for the health of your lawn.

If your Plan started before 30 August 2026, green waste removal stays free for you, permanently. Removal was inside your Plan price when you signed up, so it stays inside it: we continue to take the clippings away at no additional charge for as long as your Plan continues, and the $30 rate does not apply to you. We will not move you onto the $30 rate without your agreement, recorded in writing on your account. This is not a discretion we exercise — your account carries the protection as a stored record with the reason it exists, and our systems refuse to re-price it.

Bulk green waste clean-up beyond what a standard visit generates (e.g., accumulated garden waste, storm debris, trimmings from a hedge cut-back, or clearing an overgrown property) is a separate Extra, is not included in standard service, and will be quoted separately and agreed with you before any work is performed.

3.6 What we do not do

So there is no doubt about the boundary of our service, CutCycle does not perform:

• Any application of pesticides or herbicides. Commercial application of these chemicals in Queensland requires a licence we do not hold. Weeding is performed by hand and by mechanical means only, and fertilising uses ordinary retail lawn fertiliser.
• Work performed from a ladder, platform, or roof. All our work is done from the ground. Hedges taller than 2 metres are trimmed only where they can be safely reached from ground level with a long-reach trimmer; where they cannot, the work is outside our scope and we will tell you so rather than attempt it.
• Tree lopping, arborist work, or stump grinding.
• Landscaping design or construction, irrigation work, retaining walls, or paving.
• Removal of rubbish. We take away only the green waste our own work generates, and only where you have green waste removal under clause 3.5, or where you have separately asked us to quote a bulk clean-up.
• Pool care, gutter cleaning, or any work inside your home.

4. Subscriptions and Plans

4.1 Plan structure

Each Plan includes an agreed set of services, a visit frequency (weekly, fortnightly, or monthly), and pricing specific to your property. Your Plan details are recorded in the App and form part of this agreement.

4.2 Minimum term

Plans are offered with a Minimum Term of 6 months or 12 months. You commit to keeping your Plan active for the duration of the Minimum Term. You may still cancel during the Minimum Term. There is no exit fee; what becomes repayable is the discount already received on visits already completed (see Section 11).

4.3 Renewal

At the end of your Minimum Term, 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 change. You may cancel a month-to-month plan at any time with 14 days notice, and nothing is repayable.

4.4 Changing your plan

You may request changes to your visit frequency or services with at least 14 days notice via the App. Changes take effect from your next billing cycle. Changes to your Plan may result in an adjustment to your pricing, which we will confirm with you before the change takes effect.

4.5 Initial service and overgrown properties

If your property has not been maintained recently and requires significantly more work than a standard visit (e.g., long grass, dense weed growth, overgrown hedges), we may need to perform an initial catch-up service before commencing your regular Plan. The cost of any initial catch-up service will be agreed with you in advance and is separate from your ongoing Plan pricing.

5. Pricing and Payment

5.1 Pricing

Pricing is determined based on your property size, the services included in your Plan, and your visit frequency. Your agreed pricing is confirmed in writing via the App at signup. All prices are in Australian dollars (AUD) and are the total amount payable. The price quoted to you in the App and on our website is the whole price — nothing further is added at checkout. An invoice is issued for each payment and is available in the App under Billing.

5.2 Payment method

Payment is made through the App via our payment processor, Stripe. We accept major credit cards and BECS Direct Debit. You must maintain a valid payment method on file at all times while your Plan is active. You are responsible for ensuring your payment method remains current.

5.3 Billing

Your Plan is a monthly subscription charged in advance. The first month is charged at checkout on the day you sign up, and each following month is charged automatically to your saved payment method on the same date. We do not invoice you after each visit. An invoice is issued for each payment and is available in the App under Billing. After your Minimum Term ends, the subscription continues on the same monthly basis until you cancel under Section 11. If you cancel while you have paid in advance for visits we have not yet delivered, Section 11.5 applies.

5.4 Late payment

If a scheduled payment fails and the amount remains unpaid after 14 days, we will send you a reminder via the App or email. If payment is still not received within 7 days of that reminder:

• We may suspend your services until the outstanding balance is paid in full.
• We may charge reasonable costs actually incurred in recovering the debt, including collection agency fees, provided we give you written notice of those costs before they are incurred.

We will not charge interest on overdue amounts. We will make at least two attempts to contact you before suspending services.

5.5 Price changes

We may adjust pricing from time to time (for example, to reflect changes in operating costs, wages, or CPI). 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 with nothing repayable under clause 11.1, regardless of whether you are within a Minimum Term.

5.6 Property reclassification

If, after commencing services, we reasonably determine that your property has been materially misrepresented in terms of size, access difficulty, terrain, or scope of work required, we may propose an adjustment to your pricing to reflect the actual conditions. Any adjustment will be discussed with you first, and if you do not agree with the revised pricing, you may cancel with nothing repayable under clause 11.1.

5.7 Standing add-ons

A Standing Add-on is a service you have asked us to perform on every visit, in addition to your Plan. You add one, and remove one, yourself in the App. A Standing Add-on can only be added to a Plan that is being billed through the App; if your Plan has no active payment arrangement, the App will tell you so rather than let you add one.

A Standing Add-on is priced per occurrence at the rate shown to you in the App before you confirm — green waste removal, for example, is $30 per visit. Because your Plan is billed monthly rather than per visit, we convert that rate into an even monthly amount using your visit frequency and the length of your term, so that you pay the same amount each month instead of more in a month that happens to contain three visits. Across your term you pay the per-occurrence rate multiplied by the number of visits, and nothing more.

The add-on appears as its own clearly named line on your monthly invoice and never changes your Plan price. If you add one part-way through a billing month, you are charged only for the remainder of that month; if you remove one part-way through a month, the unused part is credited back to you on your next invoice. Removing a Standing Add-on takes effect from your next visit and costs nothing.

Clause 5.5 applies to the rate of a Standing Add-on as it does to your Plan price: we will give you at least 30 days written notice before changing it, and you may remove the add-on, or cancel, before the change takes effect. A rate that has been recorded on your account as protected (for example, green waste removal under clause 3.5 for a Plan that started before 30 August 2026) is not changed at all.

6. Scheduling and Access

6.1 Scheduling

We schedule your visits on a regular day based on your chosen frequency. 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 adjust your service day due to weather, crew availability, or route optimisation. We will give you as much notice as reasonably practicable.

6.2 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, hoses, and other items from lawn and garden areas, and securing all pets indoors or in a separate enclosed area.

6.3 Access devices

If you provide us with a key, access code, remote control, or other access device ("Access Device"), you do so at your own risk. We will take reasonable care of any Access Device and store it securely, but we are not liable for loss or damage to the Access Device except where caused by our negligence. You may revoke access at any time by notifying us via the App. If you change your locks, codes, or access arrangements, you must update us promptly or your visit may be recorded as a failed access (see Section 6.4).

6.4 Failed access

If our crew arrives and cannot reasonably access your property (e.g., locked gate with no access instructions, blocked driveway, aggressive unsecured animal), the crew will attempt to contact you through the app. If access cannot be arranged within 15 minutes of arrival, the visit will be recorded as a failed access. The standard visit fee applies for failed access visits, as our crew and equipment have been allocated and dispatched. Failed access visits count toward your scheduled visits for the billing cycle.

6.5 Rescheduling by you

You may reschedule a visit with at least 24 hours notice via the App. You are allowed up to 2 customer-initiated reschedules per billing cycle. Additional reschedule requests are subject to availability.

6.6 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. If you skip more than 2 visits, additional skips will be charged at your standard visit rate, as we have reserved crew and route capacity for your property.

7. Weather and Service Disruptions

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

• Rain probability exceeding 70% with expected rainfall above 5mm on the day of your scheduled visit
• Active thunderstorm warnings for your area
• Severe weather events (storms, flooding, cyclone warnings issued by the Bureau of Meteorology)
• Extreme heat (forecast maximum exceeding 38°C at your location)
• Wet ground conditions that would cause damage to your lawn (as assessed by us on arrival)

Weather-affected visits will be rescheduled to the next available day, typically within 1–3 business days. We will notify you via the App (in-app message and push notification) as soon as practicable on the day.

Decisions about whether conditions are unsuitable for service are made by CutCycle at our reasonable discretion, taking into account safety on site, lawn health, and the quality of work achievable in the conditions. Weather rescheduling does not count toward your customer-initiated reschedule allowance.

8. Property Condition and Photographs

8.1 Baseline assessment

At or before your first visit, we conduct a Baseline Assessment of your property. This includes photographing the current condition of your lawn, garden beds, hedges, fencing, paths, driveways, and any other areas relevant to our services. The Baseline Assessment is stored in the App and serves as the documented starting condition of your property for the purposes of any future damage claims.

8.2 Before-and-after photographs

We take photographs before and after every visit. These photos are uploaded to the App and are available for you to view. This practice serves three purposes: documenting the quality of our work, providing you with visibility of each visit (especially when you are not home), and creating an ongoing record of your property's condition to protect both parties in the event of a dispute.

8.3 Your consent

By using our services, you consent to CutCycle photographing the exterior of your property (including front and back yards, garden beds, hedges, paths, driveways, and fencing) for the purposes described in this section. Photographs will not intentionally capture the interior of your home, neighbouring properties, or individuals. Photographs are stored securely and are accessible only to you and authorised CutCycle personnel.

8.4 Use of photographs

We may use anonymised or de-identified before-and-after photographs for marketing, training, or promotional purposes (e.g., on our website or social media) only with your prior written consent, which you may give or withhold at your discretion. We will never use photographs that identify your property, address, or personal information without your explicit consent.

8.5 Pre-existing conditions

We are not responsible for pre-existing conditions documented in the Baseline Assessment or subsequent visit photographs, including but not limited to: dead or dying plants, patchy lawn, cracked paths, damaged fencing, pre-existing stains, or wear and tear. The photographic record from prior visits serves as evidence of the property's condition at the time.

9. Service Quality and Our Guarantee

9.1 Our guarantee

If you are not satisfied with the quality of a visit, contact us within 48 hours through the App with a description of the issue and, where possible, photographs. We will come back and address the issue at no additional charge. This guarantee covers the quality and completeness of the work performed, not dissatisfaction with outcomes that are inherent to the nature of garden maintenance (e.g., seasonal dormancy, grass type limitations, or results of weather).

9.2 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 proposed resolution within 5 business days, (4) if you are not satisfied with the resolution, see Section 22 (Dispute Resolution).

9.3 When to tell us

Please tell us about a problem with the quality of a visit within 48 hours of that visit, and about property damage within 7 days of the visit on which you believe it happened. We ask for this because the before-and-after photographs from that visit are the best evidence either of us has, and because the sooner we look at something the more likely we are to be able to put it right.

These are timeframes we ask you to aim for, not a deadline for making a claim. We do not decline a claim because it was raised late. If you notice something later, tell us and we will look at it.

Nothing in this clause limits your rights under the Australian Consumer Law. The consumer guarantees in Part 3-2 Division 1 of the Australian Consumer Law cannot be excluded, and they are not subject to the timeframes above or to any other time limit in these Terms.

10. Pausing Your Plan

10.1 Holiday pause

You may pause your Plan for a minimum of 2 weeks and a maximum of 8 weeks per 12-month period by giving us at least 7 days notice via the App. No visits are scheduled and no charges apply during the pause period. Your Minimum Term is extended by the duration of the pause.

10.2 Extended pause

If you need to pause for longer than 8 weeks, please contact us. We may agree to an extended pause at our discretion, or we may suggest cancellation and re-signup when you are ready to resume.

10.3 Resumption

When your pause ends, services resume automatically at the same frequency and pricing. If your property has become overgrown during the pause, an initial catch-up service may be required at an additional agreed cost (see Section 4.5).

11. Cancellation

11.1 Cancellation by you

You may cancel your Plan at any time by giving us 14 days written notice via the App or email. There is no exit fee.

• After your Minimum Term: Nothing is payable. Your Plan ends 14 days after we receive your notice.
• During your Minimum Term: Your per-visit rate is discounted because you chose a Minimum Term; your plan rate and the standard rate are both shown to you before you pay. If you cancel before the Minimum Term ends, the discount you have already received on the visits we have already completed becomes repayable — the difference between the two rates, multiplied by the number of visits completed. Nothing is payable for visits we have not completed.

The amount can never be more than the discount you have actually received, and can never be more than brings what you have paid up to the standard rate for the visits completed. We will show you the count of completed visits and both rates before anything is charged. If you complete your Minimum Term, the discount is yours to keep and nothing is repayable.

Visits you skipped under Section 6.6, free return visits provided under our guarantee in Section 9.1, and visits that were scheduled but not delivered are not counted as completed visits for this purpose.

11.2 When nothing is repayable

Clause 11.1 recovers nothing at all — the discount is yours to keep in full — if you are cancelling because:

• We have increased your pricing and you cancel before the increase takes effect (Section 5.5).
• We have materially changed these Terms and you cancel before the change takes effect (Section 1).
• We have stopped servicing your suburb (Section 3.4).
• Your property has been reclassified and you do not accept the revised pricing (Section 5.6).
• We have failed to provide services in accordance with the consumer guarantees under the Australian Consumer Law.

11.3 Cancellation by us

We may cancel your Plan with 30 days written notice if:

• We stop servicing your area.
• Your property presents unacceptable safety risks that cannot be reasonably mitigated.
• Your account remains overdue for more than 30 days despite our reasonable efforts to contact you.
• You have materially breached these Terms and failed to remedy the breach within 14 days of written notice.
• Your conduct toward CutCycle personnel constitutes harassment, abuse, or discrimination (see Section 14).

11.4 Immediate termination

We may terminate your Plan immediately (without 30 days notice) if your property poses an imminent safety threat to the person attending it, or if you engage in conduct that constitutes a criminal offence against CutCycle personnel.

11.5 Refunds on cancellation

If you have pre-paid for visits 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. A refund under this clause is not reduced by any amount recoverable under clause 11.1: if both apply, you are shown each as a separate line and the refund is paid in full.

11.6 Return of access devices

On cancellation, we will return any Access Devices in our possession within 14 days. You may collect them from us or we will post them to you at our cost.

12. Your Obligations

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

1. Provide accurate contact, property, and billing information at signup and keep it current.
2. Ensure clear, safe access to your property on each scheduled service day.
3. Disclose all known hazards on your property before we commence services and promptly disclose any new hazards that arise, including but not limited to: uneven ground, hidden objects (sprinkler heads, garden edging, stumps), exposed tree roots, underground pipes or cables, wasp or bee nests, ant mounds, dog waste, and recently applied chemicals.
4. Secure all pets indoors or in a separate enclosed area during each visit. We are not required to enter any area where animals are unsecured, and will not do so.
5. Remove vehicles, furniture, toys, hoses, tools, and any other items from the lawn and garden areas before each visit. We are not liable for damage to items left in the service area.
6. Notify us via the App of any material changes to your property, such as new garden beds, structures, irrigation systems, landscaping, fencing, or changes to access arrangements.
7. Comply with any reasonable safety instructions we give you during a visit.
8. Pay all invoices within the payment terms set out in Section 5.
9. Not interfere with, direct, or supervise the work during a visit. If you have preferences about how work is performed, please communicate them via the App before the visit.

13. 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, having regard to Brisbane's climate, your property's characteristics, and seasonal factors.
3. Provide at least 24 hours notice before each scheduled visit via the App.
4. Maintain public liability insurance of at least $10 million.
5. Maintain any insurance required by law for our workforce, including WorkCover QLD cover for our employees from the time we engage our first worker.
6. Maintain our equipment in safe, professional working order.
7. Comply with all applicable Queensland workplace health and safety legislation, including the Work Health and Safety Act 2011 (Qld).
8. Respond to complaints within the timeframes set out in Section 9.
9. Treat you, your property, and your privacy with respect.
10. Be transparent about pricing, changes, and any issues affecting your service.

14. Conduct During Visits

14.1 How we conduct ourselves

Whoever attends your property on behalf of CutCycle will conduct themselves professionally at all times: arrive in CutCycle uniform, identify themselves, perform the work efficiently, and leave your property clean and tidy. We will not smoke on your property, play loud music, or engage in any conduct that could reasonably be considered disruptive. If you have any concerns about how a visit was conducted, please report them through the App and we will look into them promptly.

14.2 Customer conduct

We ask that you treat CutCycle personnel with respect. We have zero tolerance for harassment, intimidation, threats, discrimination, or abusive behaviour toward anyone attending your property on our behalf. This includes verbal abuse, racial or sexual harassment, threatening behaviour, and unreasonable interference with the work.

If the person attending your property is subjected to unacceptable conduct, or has reason to feel unsafe, we will look into it. Confirmed incidents may result in a formal warning, temporary suspension of services, or termination of your Plan in accordance with Section 11.3 or 11.4.

Nothing in this Section restricts who you may engage to work on your garden. You are free to use any other provider you like, at any time, during or after your Plan.

15. Property Damage and Liability

15.1 Insurance

CutCycle holds and maintains public liability insurance of at least $10 million, and that cover is in force. A certificate of currency is available on request. Services are performed by CutCycle personnel — Taine Foxcroft or a person CutCycle employs — and never by independent subcontractors. WorkCover QLD accident insurance applies to employees, and CutCycle holds that cover for its employees from the day it engages its first worker.

15.2 Our responsibility

We take reasonable care to avoid damage to your property while performing our services. If we cause damage during a visit, please report it through the App within 7 days with a description and photographs. We will assess the damage using our photographic records (Baseline Assessment and before-and-after photos from the relevant visit) and, where we are at fault, arrange repair or provide fair compensation.

15.3 What we are not liable for

We are not liable for:

• Pre-existing damage or conditions documented in the Baseline Assessment or prior visit photographs.
• Damage to underground or concealed infrastructure (pipes, cables, irrigation lines, septic systems) that you have not disclosed or that is not visibly marked above ground.
• Damage to items left in the service area (garden ornaments, toys, tools, hoses, clothing, etc.) that you have not removed before the visit (see Section 12(e)).
• Minor cosmetic effects inherent to normal mowing operations, such as clipping dispersal or minor stone displacement.
• Plant damage resulting from services you have specifically requested (e.g., trimming hedges to a height you specified, removing plants you identified as weeds).
• Gradual deterioration of your garden due to factors outside our control, including drought, disease, pests, shade, soil conditions, or your own watering and care practices between visits.
• Damage caused by weather events between visits.

15.4 Hazard disclosure and indemnity

You must disclose all known hazards on your property (see Section 12(c)). If you fail to disclose a hazard and our crew or equipment is injured or damaged as a result, you indemnify CutCycle for all reasonable costs, expenses, and liabilities arising from the undisclosed hazard, to the extent that the loss was caused by the failure to disclose.

16. Limitation of Liability

16.1 Cap on liability

To the maximum extent permitted by law, and subject to Section 16.3, our total aggregate liability to you for all claims arising under or in connection with these Terms or our services in any 12-month period is limited to the greater of: (a) the total fees paid by you to CutCycle in the 3 months immediately preceding the event giving rise to the claim, or (b) having the relevant service re-performed.

16.2 Exclusion of indirect loss

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profit, loss of revenue, loss of use, loss of data, loss of opportunity, or loss of enjoyment, however caused, whether in contract, tort (including negligence), statute, or otherwise.

16.3 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 provision of these Terms is inconsistent with a consumer guarantee under the Australian Consumer Law, the consumer guarantee prevails to the extent of the inconsistency.

17. Chemical Products and Fertilisers

If your Plan includes fertilising or if we recommend a chemical treatment (e.g., weed control), we will inform you in advance of the product to be used, the application method, and any safety precautions (e.g., keeping children and pets off treated areas for a specified period).

We use only products approved for domestic use in Queensland and apply them in accordance with the manufacturer's directions and applicable regulations. We are not liable for adverse reactions in individuals with undisclosed sensitivities or allergies to standard garden care products, or for damage to plants caused by the correct application of a product you have requested or approved.

If you have specific chemical sensitivities, organic-only preferences, or restrictions on product use (e.g., due to pets, children, waterways, or bore water), you must inform us at signup or before any chemical application.

18. Referral Program

Active customers receive a unique referral code. When a new customer signs up using your code, you receive a credit equal to the value of one standard visit at your own per-visit price, applied to your next invoice. The credit is earned once the customer you referred has completed their third paid visit — not at signup, and not after their first visit. It is a credit against what you are billed, not a free visit.

Referral credits are non-transferable, have no cash value, and cannot be combined with other offers unless stated. CutCycle reserves the right to modify or discontinue the referral program at any time with reasonable notice. We may void referral credits obtained through fraud, self-referral, or abuse of the program.

19. The CutCycle App

19.1 Account

You are responsible for maintaining the security of your App account credentials. You must not share your login with others. You are responsible for all activity that occurs under your account. Notify us immediately if you suspect unauthorised access.

19.2 Availability

We aim to keep the App available at all times but do not guarantee uninterrupted access. The App may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. Core service delivery (visits, crew dispatch) continues regardless of App availability — we will contact you by email if the App is down.

19.3 Push notifications

The App sends push notifications for visit reminders, weather updates, crew status, invoices, and referral activity. You can manage notification preferences in the App settings. Disabling notifications does not affect your obligations under these Terms (e.g., ensuring access on your scheduled day).

20. Privacy and Data

We collect and handle your personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and our Privacy Policy.

The personal information we collect includes your name, address, contact details, payment information, property details, and property photographs. We use this information to provide and improve our services, process payments, communicate with you about your account, and for the purposes described in Section 8.

We do not sell your personal information to third parties. We share information with our payment processor (Stripe), cloud infrastructure provider (Supabase), and other service providers only as necessary to deliver our services. Our Privacy Policy contains full details of how we collect, use, store, and disclose your personal information, and how you can access or correct it.

21. Intellectual Property

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

You retain ownership of any content you submit through the App (e.g., messages, feedback). By submitting content, you grant CutCycle a non-exclusive, royalty-free licence to use that content for the purpose of providing and improving our services.

22. Dispute Resolution

22.1 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 informally.

22.2 Escalation

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

• Lodge a complaint with the Office of Fair Trading Queensland (phone: 13 QGOV / 13 74 68).
• Apply to the Queensland Civil and Administrative Tribunal (QCAT) for resolution of a minor civil dispute.

Nothing in this section prevents either party from seeking urgent injunctive or interim relief from a court of competent jurisdiction where necessary to protect their rights.

22.3 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 and any courts entitled to hear appeals from those courts.

23. General Provisions

23.1 Entire agreement

These Terms, together with your Plan details as confirmed in the App and our Privacy Policy, constitute the entire agreement between you and CutCycle regarding our services. They supersede any prior representations, discussions, understandings, or agreements, whether oral or written.

23.2 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 to the minimum extent necessary and the remaining provisions continue in full force and effect.

23.3 Waiver

A failure or delay by either party to exercise any right under these Terms does not constitute a waiver of that right. A waiver is only effective if it is in writing and signed by the party granting the waiver.

23.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity (for example, on conversion to a Pty Ltd company or in the event of a business sale), provided the successor agrees to honour these Terms on substantially the same conditions. We will notify you of any such assignment.

23.5 Notices

Any notice required under these Terms must be in writing and may be sent through the App, by email, or by post. Notices to CutCycle should be sent through the App or to hello@cutcycle.com.au. Notices to you will be sent to the email address associated with your account or through the App. A notice sent by email is deemed received on the next business day after sending.

23.6 Force majeure

Neither party is liable for any failure or delay in performing their obligations where that failure or delay results from circumstances beyond their reasonable control, including (without limitation) natural disasters, pandemics, epidemics, government restrictions, civil unrest, infrastructure failures, power outages, and telecommunications failures. The affected party will use reasonable efforts to minimise the impact and resume performance as soon as practicable. If a force majeure event continues for more than 30 consecutive days, either party may terminate the agreement by written notice without liability.

23.7 Survival

Sections 8 (Property Condition and Photographs), 15 (Property Damage and Liability), 16 (Limitation of Liability), 20 (Privacy and Data), 21 (Intellectual Property), 22 (Dispute Resolution), and this Section 23 survive termination or expiry of these Terms.

23.8 No third-party rights

These Terms do not create any rights enforceable by any person who is not a party to this agreement.

23.9 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and CutCycle. You are a customer, not an employee, agent, or partner of CutCycle.