Website Terms & Conditions

Welcome to www.highclerefarm.com.au (Website). 

The Website is operated by Highclere Farm Yass Pty Ltd ABN 26 639 765 914 (Highclere Farm). Access to and use of the Website, or any of its associated Products or Services, is provided by Highclere Farm (Website Services). Please read these terms and conditions (Website Terms) carefully. 

Highclere Farm reserves the right to review and change any of the Website Terms by updating this page at its sole discretion. When Highclere Farm updates the Website Terms, it will use reasonable endeavours to provide you with notice of updates to the Website Terms. Any changes to the Website Terms take immediate effect from the date of their publication. 

1. ACCEPTANCE OF THE WEBSITE TERMS

a. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Website Terms.

b. If you do not agree with the Website Terms, you must cease usage of the Website, or any of Services, immediately. 

c. You may also accept the Website Terms by clicking to accept or agree to the Website Terms where this option is made available to you by Highclere Farm in the user interface.

2. COPYRIGHT AND INTELLECTUAL PROPERTY

a. The Website, the content and all of the related products of Highclere Farm are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes and are reserved by Highclere Farm or its contributors.

b. Highclere Farm retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

1. Business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
2. A right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
3. A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

c. You may not, without the prior written permission of Highclere Farm and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose, unless otherwise provided by these Website Terms.  This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

3. GENERAL DISCLAIMER

a. Nothing in the Website Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

b.  Subject to this clause, and to the extent permitted by law: 

1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Website Terms are excluded; and
2. Highclere Farm will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Website Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

c. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Highclere Farm make any express or implied representation or warranty about the content or any products or content (including the products or content of Highclere Farm) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
2. The accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
3. Costs incurred as a result of you using the Website, the content or any of the products of Highclere Farm; and
4. The content or operation in respect to links which are provided for your convenience.

4. LIMITATION OF LIABILITY 

a. Certain statutory warranties under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) will be implied for the benefit of consumers. Nothing in these Website Terms is intended to exclude or restrict the application of the ACL. Highclere Farm does not however give any guarantee or warranties or make any representation with respect to use of this Website outside of these laws.

b. Subject to claims that may be made under the ACL:

1. Highclere Farm is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential, economic or any other kind of loss) however caused, even if foreseeable, and which is suffered directly or indirectly in connection with your use or inability to use this Website.
2. Highclere Farm is not liable for disruptions to this Website.
3. Highclere Farm is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this Website or any Linked Website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems. 

5. TERMINATION OF CONTRACT

a. You acknowledge and agree that these Website Terms and your access to this Website may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Website Terms. 

b. All clauses in these Website Terms which are stated or intended to continue after termination will continue to apply. Highclere Farm will not be liable to you or any third party for any termination of your access to this Website.

6. OTHER TERMS 

a. Privacy: Highclere Farm takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Highclere Farm's Privacy Policy, which is available on the Website.

b. Indemnity: You agree to indemnify Highclere Farm, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with, directly or indirectly, your use of the use of the Website and/or breach of these Website Terms.

c. Governing Law: The Website Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Website Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Website Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

d. Severance: If any part of these Website Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Website Terms shall remain in force.

7. CHANGES TO THESE WEBSITE TERMS

a. We reserve the right to change these Website Terms at any time. The current version of the Website Terms will always be posted on this Website and will cancel and replace any previous version(s). By continuing to use this Website after the posting of such changes, you agree to be bound by the changes.

b. If you have any concerns about material that appears on this Website, please contact Highclere Farm.