- 1.1. Brookfarm will store personal details only to keep subscribers up to date via our opt-in subscription newsletter.
- 1.2. It is not the policy of Brookfarm to sell or exchange personal details.
- 1.3. Your details will be kept solely for the purpose of subscription updates, you will be removed if requested.
2. Place of Applicable Law
- Brookfarm is registered in Australia. Materials on this site are directed solely at those who access it within Australia. Those accessing this site from other locations are responsible for compliance with local laws if applicable. You and we each submit to the exclusive jurisdiction of the Australian courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Australian Law shall govern this Agreement.
3. Website Content
- 3.1. Reasonable care has been taken by Brookfarm in the design, layout and content of this site. However, to the extent permitted by applicable law, Brookfarm disclaims all warranties, express or implied, as to the accuracy of the information contained in any materials within this site.
- 3.2. Brookfarm shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained within this site.
- 3.3. Links within this site will lead to sites which are not under the control of Brookfarm. When you activate these you will leave the Brookfarm site, Brookfarm will not accept any responsibility or liability for the material on any other site as Brookfarm has no control over any other site.
- 3.4. We aim to provide the most accurate information on our website, however in the case of typographical errors or information which is not correct, Brookfarm reserves the right to correct the error and any actions leading from it.
4. Limitation of Liability
- 4.1. You agree that Brookfarm shall not be liable either in contract, tort, negligence, statutory duty or otherwise for any:
- 4.1.1. Loss of profits, goodwill, revenue or any type of consequential, indirect or special loss or damage whatsoever arising from or in any way connected with this Agreement
- 4.1.2. Direct damage or loss, including damage or loss which is reasonably foreseeable or occurs naturally in the course of things, resulting in any acts, omissions, failures or delays occurring to, on or in relation to those parts of the Internet not under Brookfarm direct control, including, without limitation, loss or damage of business, loss of sales, non payment of monies due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss, even where Brookfarm has been advised of the possibility of such damage or loss.
- 4.2. You agree that, except in relation to such liability as has been expressly excluded in clause 5. the maximum aggregate of liability of Brookfarm in contract, tort, negligence, statutory duty or otherwise, even where Brookfarm has been advised of the possibility of such damage or loss, for any damage or loss arising from or in any way connected with:
- 4.2.1. any defect in a product
- 4.2.2. any failure by Brookfarm to process signals, data, information, orders or messages correctly or in a timely manner, or any misrouting or non delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them, and any liability not excluded by this Agreement shall, in respect of any one or more events or series of events, connected or unconnected, taking place within any twelve month period be limited in the case of defects falling within clause 5. to the price of the relevant goods. This limit shall also apply in the event that any exclusion or other provision contained within this Agreement is held to be invalid for any reason and Brookfarm becomes liable for damage or loss that could otherwise have been limited.
- 4.3. You agree and acknowledge that you are in a better position than Brookfarm to foresee and evaluate any potential loss or damage that you may suffer in connection with the goods and services provided by Brookfarm, and therefore that Brookfarm cannot adequately insure in respect of such liability. You warrant to Brookfarm that you will insure against, or bear yourself, any loss for which Brookfarm has excluded liability
- 4.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some limitations set out in clause 5. may not apply to you.
- 4.5. Nothing in this Agreement shall effect the statutory rights of any customer, exclude or restrict any liability for death or personal injury arising from negligence or fraud of Brookfarm.
Save to the extent that it falls within the provision of Delivery you shall indemnify Brookfarm and any third party, including its sub contractors, from and against any liability, losses, rights expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement and expenses, including legal charges, arising from your use of the Brookfarm site or purchase of goods/services from that site which are brought or threatened against Brookfarm or suffered or incurred by Brookfarm by another person or entity.
All pictures, photographs, text, design and layout of the Brookfarm site remain the copyright of Brookfarm. You may print portions of the Brookfarm site for your personal and non commercial use.
Use of any content of the Brookfarm site is strictly prohibited without prior written consent of Brookfarm and its Director.
7. Beyond Reasonable Control
Brookfarm shall not be held liable for any breach of this Agreement caused by circumstances beyond its control, but not limited to Acts of God, fire, lightening or extremely severe weather conditions, explosions, war, disorder, floods, industrial disputes, whether or not involving our employees, acts or omissions of internet service providers or acts of local or central Government or other competent authorities.
In the event that any term of this Agreement is held to be invalid or Unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
Any reference to Brookfarm includes Brookfarm Pty Ltd ACN 067 215 374 its directors, officers, servants or agents and related entities and permitted assigns.
10. Shipping (Australia only)
Brookfarm online store only ships domestic orders within Australia. Orders totalling less than $50 will be charged a flat fee of $15.00 for shipping. We offer free shipping for all domestic orders totalling $50 or more.
We aim to dispatch all orders within 1 working days of your order being placed online. If there is an inventory shortage we will contact you via phone or email to ensure we can fill your order. We use TNT road express for all orders except those addresses that require Delivery via Australia Post, such as PMB, PO Boxes, Lord Howe Island and most of the Northern Territory.
Orders with NSW addresses may have a next day delivery, but please allow 1-2 days. All other states in Australia may take up to 5 days depending on the location.
Please expect longer delivery times in peak periods such as the Christmas period.