Terms & Conditions
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Third party links and resources on our site
This Site may produce automated search results or otherwise link you to other sites on the internet. These other sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of The Funky Pickers Shed , and you hereby acknowledge that The Funky Pickers Shed does not make any representation or warranty regarding the accuracy, timeliness, suitability, copyright compliance, legality, decency, or any other aspect of the content of such other sites. Inclusion of any such link on this site does not imply endorsement of the site, or any other aspect of the information located on such sites by The Funky Pickers Shed , nor does it imply any association with its operators. Linking to our site
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists without our consent. You must not establish a link to our site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy below.
If you wish to make any use of content on our site other than that set out above, please contact us.
Acceptable Use Policy
You may use our site only for lawful purposes. You may not use our site:
• in any way that breaches any applicable local, national or international law or regulation
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
• for the purpose of harming or attempting to harm minors in any way
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
You also agree:
• not to reproduce, duplicate, copy or re-sell any part of our site (except as otherwise provided for in these terms)
• not to access without authority, interfere with, damage or disrupt:
o any part of our site
o any equipment or network on which our site is stored
o any software used in the provision of our site, or
o any equipment or network or software owned or used by any third party
We may from time to time provide interactive services on our site.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
• be accurate (where they state facts)
• be genuinely held (where they state opinions)
• be relevant
• comply with applicable law in the Australia and in any country from which they are posted
Contributions must not:
• contain any material which is defamatory of any person
• contain any swearing or any material which is obscene, offensive, hateful or inflammatory
• promote sexually explicit material
• promote violence
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• infringe any copyright, database right or trade mark of any other person
• be likely to deceive any person
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• promote any illegal activity
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
• be likely to harass any other person
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person
• give the impression that they emanate from us, if this is not the case
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
• disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual
• be in contempt of court
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism
• contain any advertising or promote any services or web links to other sites
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of these Terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
• immediate, temporary or permanent withdrawal of your right to use our site
• immediate, temporary or permanent removal of any posting or material uploaded by you to our site
• issue of a warning to you
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
• further legal action against you
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our site will cease immediately.
Disclaimer of warranties
All content is provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. The Funky Pickers Shed and its respective affiliates from time to time do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Limitation of liability
Under no circumstances shall The Funky Pickers Shed and its respective affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Funky Pickers Shed or its respective affiliates have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, The Funky Pickers Shed and its respective affiliates’ liability in such jurisdictions shall be limited to the extent permitted by law.
By using this Site you agree to defend, indemnify, and hold harmless The Funky Pickers Shed company, its respective affiliates, managing directors, principals, agents, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from: (a) any content posted by you to the Site; or (b) any use or misuse of this Site by you. The Funky Pickers Shed reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Funky Pickers Shed in asserting any available defences.
Choice of law and forum
We both agree to the exclusive jurisdiction of the courts of Australia.
The Funky Pickers Shed reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.
All rights, including copyright, in the content of these web pages are owned or controlled for these purposes by The Funky Pickers Shed. The material on this website includes , without limitation, the text, computer code, SEO functionality, artwork, photographs, images, and all audio and/ or visual material on this website).
In accessing the The Funky Pickers Shed ‘s web pages, you agree that you may only download the content for your own personal non-commercial use.
Except where expressly stated otherwise, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of these The Funky Pickers Shed web pages for any other purpose whatsoever without the prior written permission of the The Funky Pickers Shed.
To contact us, please email us.
Thank you for visiting our site.
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