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Terms of Use

Effective Date: February 9, 2026

Last Updated: February 9, 2026

Welcome to Mobilityneck. These Terms of Use govern your access to and use of our website located at mobilityneck.world and the landscaping and composting consulting services we provide. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing, browsing, or using the Mobilityneck website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. These Terms constitute a legally binding agreement between you and Mobilityneck, a landscaping and composting consulting business operating in Fremantle, Western Australia.

If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

2. Services Description

Mobilityneck provides professional consulting services related to sustainable landscaping, composting systems, soil health analysis, and garden planning. Our services include but are not limited to:

  • On-site consultations and property assessments
  • Soil testing and analysis
  • Custom compost system design and implementation guidance
  • Garden planning and landscape design recommendations
  • Sustainability consulting for residential and small commercial properties
  • Educational workshops and training sessions
  • Ongoing support and follow-up consultations

All consulting services are advisory in nature. We provide recommendations and guidance based on our professional expertise, but implementation remains the responsibility of the client unless otherwise specified in a separate service agreement.

3. User Eligibility

You must be at least 18 years of age to use our services or make purchases through our website. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding contracts under Australian law.

If you are accessing our website or services from outside Australia, you are responsible for compliance with local laws and regulations in your jurisdiction.

4. Account Registration and Security

Certain features of our website or services may require you to create an account or provide personal information. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your information to keep it accurate and current
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use or security breaches

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

5. Booking and Payment Terms

5.1 Service Bookings

When you book a consultation or other service through our website or by contacting us directly, you are making an offer to purchase that service. We reserve the right to accept or decline your booking at our discretion. A binding contract is formed only when we confirm your booking in writing via email or other written communication.

5.2 Pricing

All prices are listed in Australian Dollars and are inclusive of GST where applicable. We reserve the right to change our prices at any time, but changes will not affect bookings already confirmed. The price applicable to your booking is the price stated at the time of confirmation.

5.3 Payment

Payment is required according to the terms specified in your service agreement. We accept various payment methods as indicated at the time of booking. For consulting packages requiring advance payment, services will not commence until payment is received in full unless otherwise agreed in writing.

5.4 Cancellation and Rescheduling

Cancellations or rescheduling requests must be made at least 48 hours before the scheduled appointment time. Cancellations made with less than 48 hours notice may incur a cancellation fee of up to 50 percent of the service cost. We reserve the right to cancel or reschedule appointments due to unforeseen circumstances, in which case we will provide reasonable notice and offer alternative arrangements or full refunds.

6. Intellectual Property Rights

6.1 Our Content

All content on the Mobilityneck website, including but not limited to text, graphics, logos, images, videos, software, and other materials, is the property of Mobilityneck or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:

  • Reproduce, distribute, modify, or create derivative works from our content without written permission
  • Use our content for commercial purposes without authorization
  • Remove or alter copyright notices, trademarks, or other proprietary rights notices
  • Frame or mirror any content from our website
  • Use automated systems or software to extract data from our website

6.2 Consulting Reports and Materials

Custom reports, recommendations, and materials prepared specifically for you as part of our consulting services are provided for your personal use. While you may implement our recommendations, you may not reproduce, distribute, or sell these materials without our written consent, except as necessary to share with contractors or service providers implementing the recommendations.

7. User Conduct and Prohibited Activities

When using our website and services, you agree not to:

  • Violate any applicable local, state, national, or international law or regulation
  • Infringe upon or violate our intellectual property rights or those of others
  • Transmit any harmful code, viruses, or malicious software
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
  • Impersonate or attempt to impersonate Mobilityneck, our employees, or other users
  • Use our website in any manner that could disable, overburden, damage, or impair our servers
  • Attempt to gain unauthorized access to any portion of the website or any systems or networks
  • Use any automated system, including robots or spiders, to access the website
  • Collect or harvest any personally identifiable information from the website
  • Use the website for any fraudulent or unlawful purpose

8. Professional Advice Disclaimer

The information and recommendations provided by Mobilityneck are based on our professional experience and expertise in landscaping and composting consulting. However, you acknowledge and agree that:

  • Our services are consultative and advisory in nature
  • Results may vary based on individual circumstances, climate conditions, soil types, and implementation methods
  • We do not guarantee specific outcomes or results from following our recommendations
  • You are responsible for making final decisions about implementing any recommendations
  • You should verify that any plants or practices recommended are suitable for your specific location and comply with local regulations
  • Some recommendations may require permits or approval from local authorities

While we strive to provide accurate and helpful information, you use our services and implement our recommendations at your own risk.

9. Limitation of Liability

To the maximum extent permitted by Australian law, Mobilityneck, its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

  • Your access to or use of or inability to access or use our services
  • Any conduct or content of any third party on the website
  • Any content obtained from the website
  • Unauthorized access, use, or alteration of your transmissions or content
  • Implementation of our recommendations or advice
  • Plant failure, pest problems, or other gardening issues

Our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the amount you paid us for services in the twelve months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law, including liability for death or personal injury caused by negligence or fraud.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mobilityneck and its officers, directors, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising from:

  • Your violation of these Terms of Use
  • Your use of our website or services
  • Your violation of any rights of another person or entity
  • Your implementation of our recommendations
  • Any content you submit or transmit through our website

11. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services supplied again or be given a refund if the services fail to be of acceptable quality and the failure does not amount to a major failure.

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option, to:

  • The supplying of the services again; or
  • The payment of the cost of having the services supplied again

12. Links to Third-Party Websites

Our website may contain links to third-party websites or services that are not owned or controlled by Mobilityneck. 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 we 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 any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

13. Modifications to Services and Terms

13.1 Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of our services.

13.2 Changes to Terms

We may revise these Terms of Use from time to time. Changes will be effective immediately upon posting the updated Terms on our website with a new Effective Date. Your continued use of our website and services after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

14. Termination

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms of Use
  • Request by law enforcement or other government agencies
  • Fraudulent, harassing, or otherwise illegal or problematic conduct
  • Technical or security issues

Upon termination, your right to use our website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia, without regard to conflict of law principles.

15.2 Dispute Resolution Process

In the event of any dispute, claim, or controversy arising from or relating to these Terms or our services, you agree to first contact us to attempt to resolve the dispute informally. We commit to working in good faith to reach a mutually acceptable resolution.

If we cannot resolve the dispute within 30 days, either party may pursue formal resolution through mediation or, if necessary, legal proceedings in the courts of Western Australia.

15.3 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia for the resolution of any disputes arising from these Terms or your use of our services.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties' intention as closely as possible, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices or additional terms published on our website, constitute the entire agreement between you and Mobilityneck concerning your use of our website and services. These Terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

18. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Use, please contact us:

Mobilityneck
38 Adelaide St, Fremantle WA 6160, Australia
Phone: +61894308955

We aim to respond to all inquiries within two business days.

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