Terms of service.

1.          DEFINITIONS

(a)        Southern Cape Farm (“we”, “us”, “our”) means Southern Cape Farm Pty Ltd ABN 67 689 513 415, the owner and operator of the Site;

(b)        Site means the website located at southerncape.com.au, and includes any associated pages, subdomains, social media accounts and platforms operated or controlled by Southern Cape Farm;

(c)         Products means any merchandise or other goods offered for sale by us through the Site from time to time;

(d)        User or you / your means any person who accesses, browses, or uses the Site;

(e)        Intellectual Property Rights or IP means all intellectual and industrial property rights, including copyright, patents, trade marks, designs, business names, trade secrets, know-how, logos, graphics, content, software, and all other rights resulting from intellectual activity; and

(f)          Terms and Conditions means these Website Terms and Conditions, as updated from time to time.

2.          GENERAL

(a)        By using the Site, you agree that you have read and understood these Terms and Conditions and agree to be bound by them.

(b)        These Terms and Conditions apply each time you access or use the Site.

(c)         We may update these Terms and Conditions at any time without notice. It is your responsibility to check for updates each time you visit the Site.

(d)        By accessing the Site or our social media platforms, you understand that any information, content, or material provided is of a general informational nature only and does not constitute specific advice of any kind.

3.          WITHDRAWAL OF SITE

(a)        We do not guarantee that the Site, or any content on it, will always be available, uninterrupted, or error free.

(b)        We may suspend, withdraw, or restrict the availability of all or any part of the Site for business or operational reasons at any time and without notice.

(c)         You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

4.          INTELLECTUAL PROPERTY

(a)        All Intellectual Property Rights in the Site, including its content, design, layout, text, graphics, logos, icons, images, video, audio, and other materials, remain the exclusive property of Southern Cape Farm or its licensors.

(b)        The Site may share cultural knowledge, stories, and material connected to Country, and content relating to the personal and cultural history of our founders and community. This content is shared respectfully and with permission, and must not be reproduced, distributed, or used for any purpose without our prior written consent.

(c)         You may view, download, and print materials from the Site solely for your personal, non-commercial use. You must not reproduce, republish, modify, distribute, transmit, display, sell, or exploit any part of the Site or its content without our prior written consent.

(d)        Nothing on the Site transfers any Intellectual Property Rights to you.

5.          ACCEPTABLE USE

You may only use the Site for lawful purposes and in accordance with these Terms and Conditions. You agree not to:

(a)        upload or transmit any material that is defamatory, offensive, obscene, or otherwise unlawful;

(b)        introduce viruses, trojans, worms, or other harmful or malicious code;

(c)         interfere with, disable, overburden, or impair the proper operation of the Site;

(d)        attempt to gain unauthorised access to the Site, its servers, or any connected networks or databases;

(e)        use any automated tool, robot, spider, or scraping technology to access, copy, or reproduce content from the Site;

(f)          use the Site or its content for any commercial purpose without our prior written consent; or

(g)        engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Site.

6.          SUSPENSION AND TERMINATION OF ACCESS

(a)        We may suspend, restrict, or terminate your access to the Site, or any part of it, at any time and without notice, including where we reasonably believe you have breached these Terms and Conditions, engaged in unlawful, fraudulent, or harmful conduct, or misused any content on the Site, including cultural content.

(b)        We are not liable for any loss, cost, or inconvenience arising from a suspension, restriction, or termination of your access to the Site under this clause.

7.          THE SITE, MERCHANDISE AND BOOKINGS

(a)        The Site is made available to provide information about Southern Cape Farm, our story, our approach to land management, and our connection to Country.

(b)        We may, from time to time, offer Products for sale through the Site. Where we do, purchases will be governed by our Merchandise Terms and Conditions, which will apply in addition to these Terms and Conditions.

(c)         We may, in the future, make farm stays or visits available to book through the Site. Where we do, bookings will be governed by separate Booking Terms and Conditions, which will be made available to you before you make a booking, and which will apply in addition to these Terms and Conditions.

(d)        We do not guarantee that Products or farm stay bookings will become available on the Site on any particular date, or at all, and we may cease developing or decide not to proceed with offering either at any time, without notice or liability to you.

(e)        Any indicative pricing, dates, availability, or other details relating to Products or future bookings referenced on the Site are indicative only and are not binding on us. No contract for the sale of a Product or a farm stay booking is formed until it is confirmed in accordance with our Merchandise Terms and Conditions or Booking Terms and Conditions, as applicable.

(f)          Prices, availability, and inclusions for any Products or bookings displayed on the Site are subject to change without notice.

8.          FARM SAFETY AND ASSUMPTION OF RISK

(a)        Southern Cape Farm is a working agricultural property, and includes livestock, machinery, vehicles, uneven terrain, and other natural and operational hazards.

(b)        If you attend the farm in person, including in connection with an opportunity under clause 9, a conference or event, or a future farm stay booking, you do so at your own risk, and you assume all risks associated with being on a working farm, including the risk of injury, illness, death, or property damage.

(c)         You must comply with all safety directions given by us or our staff while on the property, including any requirement to wear protective equipment, remain in designated areas, or avoid contact with livestock or machinery.

(d)        We may refuse entry to, or require the immediate departure of, any person from the property at any time, where we reasonably consider it necessary for the safety of that person, other people, or animals on the property.

(e)        To the maximum extent permitted by law, we are not liable for any injury, illness, death, or property damage arising from your attendance at the property, except to the extent caused by our negligence or wilful misconduct. We may require you to sign a separate risk acknowledgment or waiver before attending the property.

9.          EMPLOYMENT AND OTHER OPPORTUNITIES

(a)        The Site allows you to register interest in, or apply for, mentoring, cultural guidance, employment, or other opportunities we make available from time to time, including conferences and similar events.

(b)        By submitting an expression of interest or application, you warrant that all information you provide, including any resume, curriculum vitae, references, or contact details, is true, accurate, and complete.

(c)         Submitting an expression of interest or application does not create any obligation on us to accept it, or any guarantee that you will be offered a position, role, or opportunity.

(d)        Selection for any opportunity is entirely at our discretion, and we are not required to disclose our reasons for a particular decision. We are not liable for any decision made in relation to an application or expression of interest.

(e)        We may withdraw, alter, reduce, or discontinue any opportunity at any time, for any reason, without notice or liability to you, including where an opportunity is no longer available, funded, or resourced.

(f)          We are not obliged to provide feedback on any unsuccessful application or expression of interest, and any feedback we do provide is given voluntarily and does not create any right to have a decision reviewed or reconsidered.

(g)        Registering interest in, applying for, or participating in mentoring, cultural guidance, employment, or any other opportunity does not, of itself, create any employment, partnership, agency, or other formal relationship between you and Southern Cape Farm, unless expressly agreed with you in writing.

(h)        We may require you to undergo a working with children check, police check, or other screening or verification before participating in an opportunity, at our discretion.

(i)          Opportunities may involve attending the property, and are subject to clause 8 (Farm Safety and Assumption of Risk). We may remove you from an opportunity, or from the property, at any time and without notice, where we reasonably consider it necessary for safety, conduct, or operational reasons.

(j)          We do not guarantee that any opportunity will be offered in any particular year, or that it will continue to be available in the same form, or at all, in future.

10.       NO PROFESSIONAL ADVICE

(a)        Nothing on the Site, including any content, posts, or communications, constitutes specific advice tailored to your individual circumstances. All content is provided for general informational purposes only.

(b)        You are solely responsible for obtaining independent advice appropriate to your circumstances before making any decision based on content viewed on the Site or our social media platforms.

(c)         Use of the Site and any information contained on it is at your own risk.

11.       ARTIFICIAL INTELLIGENCE

(a)        We may use artificial intelligence tools in connection with the Site, including to assist with processing an enquiry, application, or Order, and for other internal administrative purposes.

(b)        By using the Site, submitting an enquiry or application, or placing an Order, you consent to our use of artificial intelligence tools in that connection, in accordance with our Privacy Policy.

12.       THIRD PARTY LINKS AND EMBEDDED CONTENT

(a)        The Site may include embedded third-party content and tools, including social media feeds and, in the future, booking or shop widgets.

(b)        The Site may also contain links to external websites, resources, or platforms provided by third parties. These links and embedded tools are provided for convenience only and do not imply any endorsement or approval by us of that content, site, or platform.

(c)         We have no control over third-party content, sites, or tools and accept no responsibility for their content, accuracy, availability, products, services, or privacy practices. Access to or use of any third-party site, tool, or embedded content is entirely at your own risk and subject to the terms of that third party.

13.       COOKIES AND TRACKING

(a)        The Site may use cookies and similar tracking technologies to collect information about how you use and interact with the Site. This may include your IP address, browser type, pages visited, time spent on the Site, and other usage data.

(b)        Cookies help us improve the Site, understand visitor behaviour, and, where applicable, deliver relevant content or advertising. By continuing to use the Site, you consent to our use of cookies in accordance with our Privacy Policy.

(c)         You can disable or manage cookies through your browser settings. Disabling cookies may affect the functionality of certain parts of the Site.

(d)        For more information about how we collect, use, and store your personal information, please refer to our Privacy Policy.

14.       SECURITY AND VIRUSES

(a)        We do not guarantee that the Site or its servers will be secure or free from bugs, viruses, or other harmful components. You are responsible for using appropriate antivirus and security software to protect your own systems.

(b)        We accept no liability for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your device, data, or software as a result of your use of the Site or any content downloaded from it.

15.       INDEMNITY

You indemnify and hold Southern Cape Farm harmless from and against any Claim, loss, damage, cost, or expense, including legal costs, that we incur arising out of or in connection with: your breach of these Terms and Conditions; your misuse of the Site or its content, including any cultural content or material connected to Country; any information you provide to us, including in an application or expression of interest, being false, inaccurate, or misleading; or your violation of any law or the rights of any third party.

16.       LIMITATION OF LIABILITY

(a)        Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.

(b)        Subject to clause 16(a), to the maximum extent permitted by law, Southern Cape Farm disclaims all express, implied, and statutory warranties in relation to the Site and its content.

(c)         Southern Cape Farm is not liable for any loss, damage, cost, or expense of any kind arising out of or in connection with your use of or reliance on the Site, its content (including cultural content), an application or expression of interest, an Order, a future booking, your attendance at the property, any decision we make in relation to an opportunity, or any linked or embedded third-party content, including any direct, indirect, consequential, incidental, or special loss, and whether arising in contract, tort (including negligence), or otherwise. This is subject to clause 8 (Farm Safety and Assumption of Risk) in relation to your attendance at the property.

(d)        Where liability cannot be excluded by law, it is limited, at our option, to the re-supply of access to the Site or, where a fee has been paid in connection with accessing content on the Site, a refund of that fee.

17.       ILLEGALITY AND SEVERABILITY

If any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable, that provision will be read down to the minimum extent necessary to make it valid and enforceable. If it cannot be read down, it will be severed and the remaining provisions will continue in full force and effect.

18.       JURISDICTION AND GOVERNING LAW

These Terms and Conditions are governed exclusively by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland, and waive any right to bring or resolve a dispute in the courts of any other state, territory, or country.

19.       ELECTRONIC COMMUNICATION

You agree that we may communicate with you by electronic means including email, SMS, or via the Site. You acknowledge that electronic communication is not entirely secure and agree that Southern Cape Farm is not liable for any loss or damage arising from the use of electronic communication, except to the extent caused by our negligence or wilful misconduct.

20.       CONTACT US

If you have any questions about these Terms and Conditions, please contact us at info@southerncape.com.au.