Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the UrbanPulseMedia website located at urbanpulsemedia.cyou (referred to throughout this document as "the Website," "our Website," or "the Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and UrbanPulseMedia, a business registered in New South Wales, Australia, with its principal office at 100 Harris Street, Pyrmont, NSW 2009, Australia ("UrbanPulseMedia," "we," "us," or "our").

If you do not agree with any part of these Terms, you must discontinue use of the Website immediately. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

To use our Website and request services, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater. By using the Website, you represent and warrant that you meet this minimum age requirement and have the legal capacity to enter into a binding agreement. If you are using the Website on behalf of a company, organisation, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

These Terms apply to all visitors, users, and anyone who accesses or uses the Website, whether or not they create an account, submit a form, or request a service. Certain services may be subject to additional terms or conditions that will be disclosed at the time of purchase or service booking, and those supplementary terms are incorporated into these Terms by reference.

2. Description of Services

UrbanPulseMedia operates an online platform that connects Australian homeowners and property owners with professional urban gardening, lawn care, and outdoor maintenance services. Through the Website, users can learn about available services, submit service requests, and communicate with our team to arrange bookings.

Our services include, but are not limited to:

• Lawn mowing and edging for residential and small commercial properties
• Garden maintenance including weeding, mulching, pruning, and soil care
• Hedge trimming and shaping for various hedge species and heights
• Seasonal garden cleanups covering leaf removal, bed preparation, and winter or spring restoration
• Small-scale landscaping improvements such as garden bed creation, pathway edging, and decorative plantings
• Outdoor space upkeep including patio cleaning, courtyard maintenance, and hard surface care

The specific scope, pricing, and scheduling of any service will be confirmed directly with you prior to commencement of work. UrbanPulseMedia reserves the right to modify, suspend, or discontinue any aspect of our service offerings at any time without prior notice, although we will make reasonable efforts to inform affected customers of significant changes.

Service availability may vary depending on your geographic location within Australia. Not all services listed on the Website are available in every suburb, city, or region. During the booking process, we will confirm whether our services extend to your postcode area.

3. User Obligations

By using the Website and our services, you agree to the following obligations and responsibilities:

• Lawful Use: You will use the Website only for lawful purposes and in compliance with all applicable local, state, and federal laws and regulations in Australia. You will not use the Website in any way that could damage, disable, overburden, or impair the server, network, or systems connected to the Website.
• Accurate Information: All information you provide through forms, bookings, emails, or telephone communications must be accurate, current, and complete. You are responsible for maintaining the accuracy of your contact details and updating them if they change. Providing false or misleading information may result in cancellation of services and termination of your access to the Website.
• No Automated Access: You will not use bots, crawlers, scrapers, or any automated means to access, copy, or collect data from the Website without our prior written consent. Systematic retrieval of Website content to create or compile a database or collection without our authorisation is strictly prohibited.
• No Impersonation: You will not impersonate any person, business, or entity, or falsely state or misrepresent your affiliation with any person, business, or entity when using the Website or communicating with our team.
• No Interference: You will not attempt to interfere with the proper working of the Website, introduce malicious software (viruses, trojans, worms, or similar), or attempt to gain unauthorised access to any server, computer system, or database connected to the Website.
• Property Access: When booking a service, you must ensure that you have the legal right to authorise work on the property in question. If you are a tenant, you must have obtained any necessary permissions from the property owner or body corporate before scheduling garden or outdoor maintenance services.
• Safe Working Conditions: You agree to provide a safe working environment for our service teams. This includes informing us of any hazards on the property, securing pets during service visits, and ensuring reasonable access to the outdoor areas requiring maintenance.

Failure to comply with any of these obligations may result in suspension or termination of your access to the Website and our services, without refund or compensation.

4. Intellectual Property

All content published on the Website, including but not limited to text, graphics, logos, images, icons, photographs, audio clips, video content, data compilations, software, and the compilation and arrangement of all content, is the property of UrbanPulseMedia or its content licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

The UrbanPulseMedia name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of UrbanPulseMedia. You are not permitted to use these marks without our prior written consent. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for personal, non-commercial purposes only. This licence does not include the right to:

• Reproduce, distribute, publicly display, or publicly perform any Website content beyond what is necessary for your personal viewing
• Modify, create derivative works from, or reverse engineer any portion of the Website
• Download, store, or cache Website content systematically for any purpose other than personal reference
• Use the Website content for any commercial purpose, including resale, redistribution, or republication

Any unauthorised use of Website content may violate copyright, trademark, privacy, and other applicable laws and could result in civil or criminal penalties.

5. Disclaimers

The Website and all content, materials, information, services, and products available through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express, implied, or statutory.

To the fullest extent permitted by applicable law, UrbanPulseMedia disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• Any warranty regarding the accuracy, reliability, timeliness, or completeness of any content on the Website
• Any warranty that the results obtained from the use of the Website or services will meet your expectations or requirements

Information published on the Website, including gardening tips, seasonal guidance, and service descriptions, is intended for general informational purposes only. It does not constitute professional horticultural, landscaping, or agricultural advice. Results from our services may vary depending on environmental conditions, plant species, soil type, weather patterns, property conditions, and other factors beyond our control.

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantees, rights, or remedies conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any similar state or territory legislation that cannot be lawfully excluded, restricted, or modified.

6. Limitation of Liability

To the maximum extent permitted by applicable law, UrbanPulseMedia, its directors, officers, employees, agents, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of (or inability to use) the Website or our services. This limitation applies regardless of the theory of liability (whether in contract, tort, negligence, strict liability, or otherwise) and even if UrbanPulseMedia has been advised of the possibility of such damages.

Without limiting the foregoing, UrbanPulseMedia shall not be liable for:

• Loss of profits, revenue, business opportunity, goodwill, or data
• Any loss or damage resulting from errors, omissions, or inaccuracies in Website content
• Damage to your property, garden, or outdoor space caused by factors outside our reasonable control, including severe weather events, pest infestations, or pre-existing plant diseases not reasonably detectable at the time of service
• Any unauthorised access to or alteration of your transmissions or data submitted through the Website
• Any interruption or cessation of transmission to or from the Website

In any event, the total aggregate liability of UrbanPulseMedia for all claims arising out of or relating to these Terms or your use of the Website and services shall not exceed the total amount you have paid to UrbanPulseMedia for services during the twelve (12) months immediately preceding the event giving rise to the claim, or AUD $500, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations and exclusions in this section shall apply to the fullest extent permitted by law. For Australian consumers, our liability for a failure to comply with a consumer guarantee under the Australian Consumer Law is limited, to the extent permitted, to the resupply of the services or the payment of the cost of having the services resupplied.

7. Indemnification

You agree to indemnify, defend, and hold harmless UrbanPulseMedia, its directors, officers, employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in any way connected with:

• Your use of or access to the Website or our services
• Your violation of any provision of these Terms
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
• Any claim that information you provided caused damage to a third party
• Your failure to comply with applicable laws or regulations
• Providing inaccurate, misleading, or incomplete information to UrbanPulseMedia

This indemnification obligation shall survive the termination of these Terms and your use of the Website.

8. Third-Party Links

The Website may contain links to third-party websites, applications, or services that are not owned, operated, or controlled by UrbanPulseMedia. These links are provided for your convenience and informational purposes only. UrbanPulseMedia has no control over, and assumes no responsibility for, the content, privacy policies, practices, availability, or opinions expressed on any third-party website.

Accessing a third-party website through a link on our Website is done entirely at your own risk. We encourage you to review the terms of service and privacy policy of any third-party website you visit. The inclusion of any link on the Website does not imply endorsement, affiliation, or sponsorship by UrbanPulseMedia of the linked site or its content.

UrbanPulseMedia shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party website.

9. Privacy

Your privacy is important to us. Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website and providing us with personal information, you consent to the practices described in our Privacy Policy.

We collect personal information such as your name, email address, phone number, and postcode when you submit a service request or contact form. This information is used solely for communicating with you about your enquiry, arranging services, and improving our offerings. We do not sell your personal information to third parties. For full details on how we handle your data, please review our Privacy Policy.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, and you irrevocably submit to the jurisdiction of those courts.

Nothing in this clause limits your rights under the Australian Consumer Law or any other consumer protection legislation that cannot be contractually excluded. If a regulatory authority or court determines that any provision of these Terms is unenforceable in a particular jurisdiction, that determination shall not affect the enforceability of the remaining provisions or the enforceability of that provision in any other jurisdiction.

11. Dispute Resolution

In the event of any dispute or disagreement arising from or relating to these Terms, your use of the Website, or any service provided by UrbanPulseMedia, both parties agree to first attempt to resolve the matter informally through good-faith negotiation. To initiate this process, you must send a written description of your complaint, including your full name, contact details, and a clear explanation of the issue, to our support email at [email protected] or by post to our registered address at 100 Harris Street, Pyrmont, NSW 2009, Australia.

We will acknowledge receipt of your complaint within five (5) business days and aim to provide a substantive response within fifteen (15) business days. Both parties agree to cooperate in good faith to reach a mutually satisfactory resolution.

If informal negotiation fails to resolve the dispute within thirty (30) days from the date of initial written notice, either party may pursue formal resolution through mediation administered by the Australian Disputes Centre (ADC) in Sydney, New South Wales. If mediation is unsuccessful, either party may then submit the dispute to the exclusive jurisdiction of the courts of New South Wales as described in Section 10. Each party shall bear its own costs in any dispute resolution process, unless a court or mediator determines otherwise.

12. Termination

UrbanPulseMedia reserves the right to suspend, restrict, or terminate your access to the Website and our services, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of any provision of these Terms
• Conduct that we reasonably believe is harmful to other users, our business, or third parties
• Requests by law enforcement or other governmental agencies
• Extended periods of inactivity on your account (if applicable)
• Technical or security issues or problems with the Website
• Non-payment for services rendered

Where reasonably practicable, we will provide you with notice prior to termination and an opportunity to cure any breach. However, we reserve the right to terminate access immediately and without prior notice in cases of serious or repeated violations.

Upon termination, your right to use the Website ceases immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.

13. Changes to These Terms

UrbanPulseMedia reserves the right to modify, update, or replace any part of these Terms at our discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide at least fourteen (14) days' notice before the new terms take effect. This notice may be provided by posting a prominent announcement on the Website or by sending an email to the address associated with your account or most recent service request.

It is your responsibility to review these Terms periodically for any changes. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the modified Terms, you must stop using the Website before the changes take effect.

We recommend bookmarking this page and checking back regularly, particularly before submitting any new service requests.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or unenforceability of that provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent as closely as possible.

15. Entire Agreement

These Terms, together with our Privacy Policy, Disclaimer, and Refund Policy, constitute the entire agreement between you and UrbanPulseMedia regarding the use of the Website and our services, and supersede all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and UrbanPulseMedia. No waiver of any provision of these Terms by UrbanPulseMedia shall be deemed a further or continuing waiver of such provision or any other provision.

16. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below:

We endeavour to respond to all enquiries within five (5) business days. For urgent matters related to a scheduled service, please contact us by phone during business hours.