Terms & Conditions

Agreement between the user and the operator of the Capital Region Memory Farm

1. General
Welcome to the capitalregionmemoryfarm.com.au website (the website). The term “the website” refers to the collection of code, images and functionality represented to the user through accessing the domain www.capitalregionmemoryfarm.com.au.

The terms “we”, “us”, “our”, “Capital Region Memory Farm” and “the farm” refer to a farm based business operating at 4327 Monaro Highway, Colinton NSW 2626.

Access to the website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms”).

Please read these Terms carefully, as they contain important information about limitations of liability.

You should also read our Privacy Policy, which also governs your use of our website and sets out the terms on which we may process any personal information that we collect about you, or that you provide to us, and is incorporated by reference into these Terms. The Privacy Policy can be found via a link at the bottom of the website.

By accessing or using our website, you acknowledge and agree to have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use or access our website.

2. Changes to the Terms
We may amend these Terms from time to time to comply with any regulatory requirements or if there are changes to our business practices. Every time you wish to use our website, please check these Terms to ensure you understand the terms that apply at the time. Your use of our website will be subject to the most recent version of the Terms.

3. Access and Use of the website
The website is currently made available to you for your personal, non-commercial use, free of charge.

We do not guarantee that access to the website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the website without notice to you.

You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of-service attack.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.

4. We Do Not Sell Trees
The website is a booking tool for booking and experience at the Capital Region Memory Farm which may include sponsorship of a tree or trees. The trees are owned, controlled or made available by the operator of the farm. The trees will remain owned by the owner of the farm.

6. Use of the website booking and payment functionality
As a condition of your use the booking and payment functionality, you agree that:

  • you are at least 18 years of age;
  • you possess the legal authority to create a binding legal obligation;
  • you will use the website in accordance with these Terms;
  • if you use the website on behalf of someone else, you will inform them about the Terms that apply to any searches and/or bookings you have made on their behalf, including all rules and restrictions applicable thereto;
  • all information supplied by you to the website is true, accurate, current and complete; and

We retain the right at our sole discretion to deny access to anyone to the website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

All prices displayed in Australian dollars and are inclusive of Goods and Services Taxation (GST).

8. User Obligations and Prohibited Activities

You agree not to:

  • use the website or its contents for any commercial purpose;
    make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  • access, monitor or copy any content or information of the website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on the website or bypass or circumvent other measures employed to prevent or limit access to our website;
  • take any action that imposes, or may impose, as determined in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of the website for any purpose without our express written permission which we may withdraw at any time in our discretion; or
  • “frame”, “mirror” or otherwise incorporate any part of the website into any other website without our prior written permission which we may withdraw at any time in our discretion.

If your activity on the website shows signs of fraud, abuse or suspicious activity, we may deny its services to you. If you have conducted any fraudulent activity, we reserves\ the right to take any necessary legal action and you may be liable for monetary losses, including litigation costs and damages.

9. Links to and from the website
The website may contain hyperlinks to websites operated by parties other than Capital Region Memory Farm such websites and are not responsible for their contents or the privacy or other practices of such websites. These Terms will not apply to your use of any third-party website that you access via the website. Your use of any third-party website may be subject to additional terms and conditions, which we suggest you read carefully before you visit any such website.

10. Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the website and the content as well as the infrastructure used to provide such Content. While you may make limited copies of content which you have accessed through the website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the website. Except as expressly set out in these Terms of Use, no intellectual property rights of any kind are assigned or licensed to you.

You agree not to generate automated page impressions or content on the website.

11. Privacy and Cookies
Please review our Privacy Policy. Any personal information that we collect about you as you browse and use the website will be used in accordance with our Privacy Policy. To find out more about the data we collect about you and how we use it please review our current Privacy Policy, which also governs your use of the website and, as stated above, is incorporated by reference.

12. Availability
Subject to any statutory guarantees that cannot be excluded, we do not guarantee that the website will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the website will be free from errors or omissions.

We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to perform due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour or materials or a failure of public or private telecommunications networks.

13. Our Liability is Limited
If you are in Australia: Nothing in these Terms of Use restricts, excludes or modifies, or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Australian Competition and Consumer Act 2010 (Cth).

To the fullest extent permitted by law, and subject to these terms:
We make no representations about the suitability of the Content displayed on the website for any purpose.

We disclaim all warranties and conditions that the website, its servers or any email sent are free of viruses or other harmful components; and
We hereby disclaim all warranties and conditions with regard to any Content or any other information provided on the website including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

To the fullest extent permitted by law, and subject to these terms, the operator of the Capital Region Memory Farm, or the owner of the farm on which the business operates, shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of the website or with the delay or inability to access, display or use the website (including, but not limited to, your reliance upon opinions appearing on the website; any computer viruses, information, software, linked sites, products and services obtaining through the website; or otherwise arising out of the access to, display of or use of the website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms survive the termination of your relationship the operator of the Capital Region Memory Farm, or the owner of the farm on which the business operates, shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages.

Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, (c) or any other liability which cannot be excluded or limited by law.

14. Dispute Resolution
You agree to give us an opportunity to resolve any disputes or claims relating in any way to the website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting us.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.
For non-consumers (including commercial end users) and to the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with New South Wales law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts New South Wales, Australia.

15. Complaints or Queries
If you have any queries or complaints about the website, please contact us. We will use reasonable efforts to respond to you promptly.

16. General
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the website or information provided to or gathered by us with respect to such use.

These Terms do not create or infer any rights that are enforceable by any person who is not a party to them.

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Fictitious names of companies, products, people, characters, and/or data mentioned on the website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

If you have any further questions please get in touch.

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