1. About the Website
1.1 Welcome to brewmethods.com.au. The Website provides you with an opportunity to browse it’s content. The Website provides this service by way of granting you access to the content on the Website.
1.2 The Website is operated by Brew Methods Australia (‘Brew Methods’. Access to and use of the Website, or any of its associated Products or Services, is provided by Brew Methods. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.2 Brew Methods reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Brew Methods updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of terms
2.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Brew Methods in the user interface.
3. Copyright and Intellectual Property
3.1 The Website, and all of it’s contents 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content Content’) are owned or controlled for these purposes, and are reserved by Brew Methods or its contributors.
3.2 Brew Methods 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 to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Brew Methods; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
3.3 You may not, without the prior written permission of Brew Methods 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. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain.
5. General Disclaimer
5.1 You acknowledge that Brew Methods does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the content and products advertised.
5.2 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions regarding the content and products advertised implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.3 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Brew Methods will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the use of this website or these terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.4 Use of the Website, and any of the products advertised on Brew Methods is at your own risk. Everything on the Website, and any of the products advertised on Brew Methods, are provided to you at no guarantee or warranty. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Brew Methods make any express or implied representation or warranty about its Content or any products 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:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Website, or any of its content relating to products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, or any of the advertised products; (d) the Content or operation in respect to links which are provided for the User’s convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on other websites; or (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
6. Limitation of Liability
6.1 You expressly understand and agree that Brew Methods, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6.2 Brew Methods is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the products advertised, whether posted or caused by users of the website of Brew Methods, or by third parties.
7.1 You agree to indemnify Brew Methods, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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 any content you post through the website.
(b) any direct or indirect consequences of you accessing, using the website or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.
8. Dispute resolution
8.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
8.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
8.3 Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed
(c) Brew Methods will not be held liable for the fees and expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commenci
(d) The mediation will be held in Victoria, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
8.5. Termination of Mediation: If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
9. Venue and Jurisdiction
9.1 In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
10. Governing Law
10.1 The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
11. Independent legal advice
11.1 Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
12.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.