Introduction
1.1 This website is operated by The Trustee for The Hardie Family Trust T/A Taralga Tree Guards (ABN 97 218 060 468) (referred to as Taralga Tree Guards, we, us or our).
1.2 By accessing and using this website located at https://mytreeguards.com.au/ (Website), you agree to be bound by these Terms of Use (Terms).
1.3 If you do not agree to these Terms, you must immediately stop using the Website.
Eligibility and Website Access
2.1 You must be at least 18 years old, or have the consent of a parent or legal guardian, to use this Website.
2.2 We do not warrant that the Website will be available at all times or that your access will be uninterrupted, secure, or error free.
2.3 We may suspend, restrict, or terminate access to all or part of the Website at any time without notice.
Your Obligations
3.1 You agree to use the Website only for lawful purposes and in accordance with these Terms.
3.2 You must not:
Products and Information
4.1 The Website may contain general information about our tree guards and related products and services offered in New South Wales and elsewhere in Australia.
4.2 All descriptions, images, and other information about our products are provided for general information only and may change without notice.
4.3 We do not guarantee that any particular product will be available at any given time. Availability, prices, and specifications are subject to change.
4.4 Any planting, environmental, or landcare information on the Website is general in nature and is not professional advice. You should obtain independent advice that is appropriate to your circumstances before relying on any information.
Online Transactions
5.1 If the Website allows you to purchase goods online, additional terms and conditions of sale may apply to those transactions.
5.2 In the event of any inconsistency between these Terms and any separate terms of sale, the terms of sale will prevail to the extent of the inconsistency.
5.3 You are responsible for ensuring that all information you provide to us when placing an order is accurate and complete.
Online Orders and Purchase Terms
6.1 This section applies to all purchases of goods made through the Website or otherwise in connection with our online store.
6.2 By submitting an order through the Website, you agree to be bound by this section 6, together with the rest of these Terms and any other specific terms displayed to you during the ordering process.
Orders and availability
6.3 You may place an order by following the prompts on the Website and providing the requested information. Submitting an order constitutes an offer to buy the goods selected in accordance with these Terms.
6.4 We may accept or reject your order at our discretion, including where the goods are unavailable, there is an error in the price or description, or we reasonably suspect fraudulent or unlawful activity. If we do not accept your order and you have already paid, we will refund the amount paid for that order.
6.5 Product images and descriptions on the Website are for illustrative purposes only. Actual products may vary, and availability may change at any time without notice.
Pricing, taxes and changes
6.6 All prices on the Website are in Australian dollars and, unless stated otherwise, are inclusive of applicable GST.
6.7 Shipping and delivery charges are additional to the product price and will be displayed to you during checkout before you confirm and pay for your order.
6.8 We may change our prices, shipping charges and any promotional offers from time to time. Changes will not affect any order that we have already accepted.
Payment
6.9 You must pay the full price for your order (including any applicable shipping charges) at the time of placing the order, using one of the payment methods made available on the Website.
6.10 By providing payment details, you confirm that you are authorised to use the payment method and that the information you provide is accurate and complete.
6.11 Your order will not be dispatched until we have received cleared payment in full. If your payment is declined or reversed for any reason, we may cancel your order or suspend delivery of the goods.
Shipping, delivery, risk and title
6.12 Shipping and delivery of your order are subject to our Shipping and Delivery Policy, which forms part of these Terms. In the event of any inconsistency between this section 6 and the Shipping and Delivery Policy, this section 6 will prevail to the extent of that inconsistency.
6.13 Risk in the goods (including risk of loss, theft or damage) passes to you when the goods are delivered to the delivery address you specify, or when they are left in accordance with any delivery instructions or authority to leave that you provide.
6.14 Title to the goods passes to you once we have received full payment for your order, including all applicable shipping charges, subject to any other provisions in these Terms.
Returns, refunds and Australian Consumer Law
6.15 Our Returns and Refunds Policy (or equivalent section dealing with returns and refunds on the Website) sets out how we handle change‑of‑mind returns, order errors and other non‑faulty returns (if offered). That policy forms part of these Terms.
6.16 Nothing in these Terms limits or excludes any rights, guarantees, warranties or remedies you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified.
6.17 If the goods you purchase are faulty, damaged, incorrectly described or otherwise fail to meet the consumer guarantees under the Australian Consumer Law, you may be entitled to a repair, replacement, refund or other remedy, depending on the nature of the problem.
6.18 Any additional warranties we may choose to offer are in addition to, and do not limit, your rights under the Australian Consumer Law. To the extent permitted by law, our liability in relation to such additional warranties will be as set out in the warranty terms and these Terms.
Limitations of liability for online purchases
6.19 To the maximum extent permitted by law, and subject always to clause 6.16, we exclude all liability for any loss or damage (including indirect or consequential loss, loss of profit or business interruption) arising out of or in connection with your order, the goods, or your use of the Website.
6.20 Where our liability cannot be excluded under the Australian Consumer Law or other applicable law, our liability is limited, at our option, to:
(a) in the case of goods, repair or replacement of the goods, the supply of equivalent goods, or payment of the cost of doing so; and
(b) in the case of services (if any), the re‑supply of the services or payment of the cost of having the services re‑supplied.
Intellectual Property
7.1 Unless otherwise stated, we own or are licensed to use all intellectual property rights in the content on the Website, including text, graphics, logos, images, icons, audio and video clips, software, and the layout and design of the Website.
7.2 You may access and view the Website using a web browser, and you may print or download a copy of the content for your personal, non‑commercial use, provided you do not remove any copyright or proprietary notices.
7.3 You must not, without our prior written consent:
User Content
8.1 If the Website allows you to submit or upload any content (for example, reviews, comments, photos, or other materials), you are solely responsible for that content.
8.2 By submitting content, you:
Third‑Party Sites and Links
9.1 The Website may contain links to third‑party websites or resources which are not under our control.
9.2 We are not responsible for the content, accuracy, security, or any other aspect of any third‑party websites and do not endorse any third‑party products or services.
9.3 Your use of third‑party websites is at your own risk and subject to the terms and conditions of those websites.
Privacy
10.1 We will handle any personal information that we collect through the Website in accordance with our Privacy Policy, which is available on the Website.
10.2 By using the Website, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy.
Warranties and Disclaimers
11.1 To the maximum extent permitted by law, the Website and its content are provided on an “as is” and “as available” basis and we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Website or the information contained on it.
11.2 We do not warrant that the Website will be free from errors, viruses, or other harmful components.
11.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.
Limitation of Liability
12.1 To the maximum extent permitted by law, we exclude all liability for any loss, damage, costs, or expenses (including consequential loss, loss of data, loss of profit, or business interruption) arising out of or in connection with your access to or use of the Website or its content.
12.2 Where the law implies any warranty or guarantee into these Terms which cannot be lawfully excluded, our liability for breach of such warranty or guarantee is limited, at our option, to:
Security
13.1 We use reasonable efforts to ensure the security of the Website, but we do not guarantee that the Website is secure or that any information you provide will not be intercepted by third parties.
13.2 You are responsible for maintaining the confidentiality of any login details or passwords associated with your use of the Website and for all activities that occur under your account.
Cookies and Tracking Technologies
14.1 The Website may use cookies or similar technologies to enhance your browsing experience, analyse Website traffic, and for other lawful purposes described in our Privacy Policy.
14.2 You may disable cookies in your browser settings, but some parts of the Website may not function properly if you do so.
Governing Law and Jurisdiction
15.1 These Terms are governed by the laws of New South Wales, Australia.
15.2 You submit to the non‑exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
Changes to the Website and Terms
16.1 We may, from time to time and without notice, change or update the Website, including its content and functionality.
16.2 We may also amend these Terms at any time by publishing the amended Terms on the Website. Your continued use of the Website after any changes are made constitutes your acceptance of the new Terms.
Contact Us
17.1 If you have any questions about the Website or these Terms, please contact us at:
Business name: The Trustee for The Hardie Family Trust T/A Taralga Tree Guards
Website: https://mytreeguards.com.au/
Address: 147 Prince Edward Park Rd, Woronora NSW 2232
Email: info@mytreeguards.com.au
Phone: (02) 9542 6072
We respect your privacy
1.1 The Trustee for The Hardie Family Trust T/A Taralga Tree Guards (ABN 97 218 060 468) (referred to as Taralga Tree Guards, we, us or our) respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors.
1.2 We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles, which set out standards, rights and obligations in relation to the handling of personal information.
1.3 This Privacy Policy explains how we collect, use, disclose, store and protect your personal information when you interact with us, including through our website located at https://mytreeguards.com.au/ (Website).
What personal information we collect
2.1 The types of personal information we may collect include:
2.2 We generally do not need to collect sensitive information (such as health information) and we will only do so with your consent or where authorised or required by law.
How we collect personal information
3.1 We usually collect personal information directly from you when you:
3.2 We may also collect personal information from third parties where you have authorised them to share your information with us, or where it is otherwise lawful to do so (for example, from payment processors, couriers or publicly available sources).
3.3 When you use our Website, we may automatically collect certain information about your device and usage, such as your IP address, browser type, pages viewed, and the date and time of your visit, through cookies and similar technologies (see section 8 below).
Why we collect, use and disclose personal information
4.1 We collect, hold, use and disclose your personal information for purposes including to:
4.2 We will only use or disclose your personal information for the purposes for which it was collected, for related purposes that you would reasonably expect, or otherwise in accordance with the law or with your consent.
Direct marketing
5.1 We may use your contact details to send you information about our products, special offers or other marketing communications that we think may be of interest to you.
5.2 You may opt out of receiving marketing communications from us at any time by using the unsubscribe link in our emails or by contacting us using the details in section 12 below.
5.3 Even if you opt out of marketing communications, we may still contact you for non‑marketing purposes, such as information about your orders or important updates about our products or policies.
Disclosure of personal information
6.1 We may disclose your personal information to:
6.2 Where we disclose personal information to third‑party service providers, we will take reasonable steps to ensure they handle your information in a manner consistent with this Privacy Policy and applicable privacy laws.
6.3 Some of the third parties to whom we disclose personal information may be located outside Australia. If we transfer your personal information overseas, we will take reasonable steps to ensure that the recipient will handle your information in a way that complies with the Australian Privacy Principles.
Storage and security of personal information
7.1 We take reasonable steps to protect your personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure. This includes implementing physical, electronic and administrative safeguards appropriate to the sensitivity of the information.
7.2 However, the transmission of information over the internet is not completely secure and is at your own risk. We cannot guarantee the security of any information transmitted to or from our Website.
7.3 If we no longer need your personal information for any purpose, and we are not required by law to retain it, we will take reasonable steps to destroy or de‑identify it.
Cookies and website analytics
8.1 Our Website may use cookies and similar technologies to help it function effectively and to improve your browsing experience. Cookies are small data files placed on your device that allow our Website to recognise your browser and remember certain information.
8.2 We may use cookies to:
8.3 You can usually choose to disable cookies through your browser settings. If you do so, some parts of our Website may not function properly.
8.4 We may use third‑party analytics tools to collect information about how our Website is used, so we can improve our Website and services. These tools may use cookies and similar technologies to collect information such as your IP address and usage patterns.
Access to and correction of your personal information
9.1 You may request access to the personal information we hold about you by contacting us using the details in section 12 below. We will respond to your request within a reasonable time and give you access, unless an exception applies under the Privacy Act.
9.2 If you believe that any personal information we hold about you is inaccurate, out‑of‑date, incomplete, irrelevant or misleading, you may request that we correct it. We will take reasonable steps to correct the information where appropriate.
9.3 We may ask you to verify your identity when you make a request for access or correction. In some cases, we may charge a reasonable fee to cover the administrative costs of providing access to your information, but we will inform you of any fee in advance.
Complaints about privacy
10.1 If you have any questions or concerns about how we have handled your personal information, or if you would like to make a complaint, please contact us using the details in section 12 below and provide full details of your concern.
10.2 We will take your complaint seriously, investigate it promptly and respond to you within a reasonable time.
10.3 If you are not satisfied with our response, you may refer your complaint to the Office of the Australian Information Commissioner (OAIC). Information about how to lodge a complaint with the OAIC is available on its website at www.oaic.gov.au.
Children
11.1 Our Website and services are not specifically directed at children, and we do not knowingly collect personal information from individuals under 18 years of age without the consent of a parent or guardian.
11.2 If you believe we have collected personal information about a child without proper consent, please contact us so that we can take appropriate steps to delete the information.
Contact us
12.1 If you have any questions about this Privacy Policy, or if you wish to request access to or correction of your personal information, or to make a complaint, please contact us at:
Changes to this Privacy Policy
13.1 We may update this Privacy Policy from time to time to reflect changes in our legal obligations or in the way we handle personal information. The updated Privacy Policy will be posted on our Website with the effective date.
13.2 We encourage you to review this Privacy Policy periodically to stay informed about how we manage your personal information.
