Terms and Conditions

Effective from 1 November 2020

Welcome to Picket!

Fed Global Pty Ltd ACN 631 333 205 (Fed, our, us or we) is a company incorporated in South Australia, Australia. We own and operate Picket which is an application service that give you the tools to organise and create systems for key aspects of your life including budgeting, meals, shopping, cleaning and everyday tasks (Picket App). Access to and use of the Website is and the Picket App available through the Website (collectively, Services) is subject to the following terms and conditions (Terms).

How to contact us:
Email: hello@picketfeds.com

1. ACCEPTANCE OF THESE TERMS

By using the Services, you confirm that you accept these Terms. If you do not agree to these Terms, you must not use the Service.

2. ELIGIBLITY TO USE THE WEBSITE

The Website is directed to users who are 15 years of age or older and are residing in and using the Website within Australia. We do not represent that content available on or through the Website is appropriate for use or available in other locations. If you access the Website from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Website from your location.

3. PRIVACY AND PROTECTION OF YOUR PERSONAL INFORMATION

We value your privacy and we take the security of your personal information seriously. Our privacy policy, which sets out how we will collect, hold, use and/or disclose your personal information.

These Terms incorporate our privacy policy and you are taken to have read and accepted our policy. By using the Service, you consent to the processing of your personal information described in our privacy policy and warrant that all information and data provided by you is accurate.

4. KEEPING YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. Do not disclose it to any third party for whatever reason.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

IMPORTANT: If you know or suspect that anyone other than you knows your user identification code or password, you must contact us immediately.

5. ELECTRONIC COMMUNICATIONS

When you give us your email address, you are consenting to receiving all required notices and correspondence from us via email to your email address. You must contact us immediately if there are any changes to your email address.

6. CONDUCT USING THE SERVICES

You may use the Website only for lawful purposes and in accordance with these Terms.


YOU MUST NOT:

• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);

• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in section 9;

• to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

• to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or

• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.


IN ADDITION YOU MUST NOT:

• use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

• use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

• use any manual process to monitor or copy any of the material on the Website or for any other unauthorised purpose without our prior written consent;

• use any device, software or routine that interferes with the proper working of the Website;

• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

• attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;

• attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

• otherwise attempt to interfere with the proper working of the Website.

We reserve the right to monitor any aspect of the Services and disclose such information as permitted by law or requested by law enforcement authorities.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website ceases immediately.

7. USING OUR CONTENT

All intellectual property in relation to the Website, the Picket App and information sent to you from us (in whatever form) including the design, software, text, graphics, data, logos, copyrights, designs, trademarks, concepts sound recordings (Our Content) belongs to us or our licensors, service providers or affiliates. Those works are protected by copyright laws and treaties around the world. We hold and retain all title, rights and interests in and to Our Content. All such rights are reserved.

Our status (and that of any identified contributors) as the authors of the Our Content must always be acknowledged.
You may print off one copy, and may download extracts, of any page(s) of Our Content only for your personal use and you may draw the attention of others to content posted on the Website. If we provide social media features such as the ability to share Our Content, you may take such actions as are enabled by such features.

If you print off, copy or download any part of Our Content in breach of these Terms, your right to use the Website ceases immediately and you must, at our option, return or destroy any copies of the materials you have made.


YOU MUST NOT:

• use any part of Our Content for commercial purposes without obtaining a licence to do so from us or our licensors;

• modify the paper or digital copies of any materials you have printed off or downloaded in any way;

• use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or

• delete or alter any copyright, trade mark or other proprietary rights notices from copies of Our Content.

8. USER GENERATED CONTENT

The Website may contain feedback forms, message boards, chat rooms, profiles, forums, bulletin boards that allow users to post, submit, publish, display or transmit to other users or allow other persons to post content or materials via the Website (collectively, User Content).

All User Content must comply with the content standards set out in section 9.

We have not verified any User Content. The views expressed by other users on the Website do not represent our views or values. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website.

We have the right to remove, refuse to post or take any action with respect to any User Content for any or no reason in our sole discretion.

We have the right to remove any User Content you make on the Website if, in our opinion, your post does not comply with the content standards set out in these Terms.

If you wish to complain about information and materials uploaded by other users please contact us.
Things you need to know:

Any User Content you post to the Website is non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use your User Content in any way whatsoever.

You consent to us disclosing your identity to any third party who is claiming that your User Content constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your User Content.

You represent and warrant that:

• your User Content does and will comply with these Terms.

• you own or control all rights in and to your User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

• you understand and acknowledge that you are responsible for your User Content, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

9. CONTENT STANDARDS

The content standards in this section 9 apply to any and all User Content and use of social media features (where applicable).

Whenever you make use of a feature that allows you to upload content to the Website or to make contact with other users of the Website, you must comply with the content standards in this section 9.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty 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 ceases immediately.

IMPORTANT: User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations.

In particular, you warrant that your User Content WILL NOT: 

• contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

• contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;

• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy policy;

• be likely to deceive any person;

• promote any illegal activity, or advocate, promote or assist any unlawful act;

• cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

• impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;

• involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

• give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. WE MAY MAKE CHANGES TO THESE TERMS

We amend these Terms from time to time including when we make updates to the Services or in order to comply with our legal obligations. Every time you wish to use the Website, please check these Terms so that you understand the Terms that apply at that time. Amendments will take effect upon publication on the Website. By continuing to use the Website or the Services, you agree to be bound by the Terms as amended.

11. WE MAY MAKE CHANGES TO THE WEBSITE 

The Website is made available free of charge. We may vary, update, and amend the Website from time to time to reflect changes to the Services, our customer’s needs and our business operations. We will try to give you reasonable notice of any major changes.

We do not guarantee that the Website or any content on it will always be available or uninterrupted. We will not be liable if for any reason the Website is unavailable at any time or for any period.

We may suspend or restrict the availability of or any part of the Website for operational or business reasons. We will try to give you reasonable notice of any such suspension or withdraw.

12. THIRD PARTY SITES

The Website may contain links to other sites including banner advertisements and sponsored links and resources provided by other third parties. These links are provided for your information. We do not endorse or approve of those linked sites or information you may obtain from them.

We do not operate those linked sites. We have no control over them and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites are entirely at your own risk and subject to the terms of use and service contained within each such site.

13. RULES ABOUT LINKING TO THE WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in section 9.

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. The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on the Website other than that set out above, please contact us.

14. WARRANTY DISCLAIMER

The Website is provided on an “as is” and “as available” basis. We make no representations or warranties, express or implied, regarding the operation or availability of the Website.

Our Content is provided for general information only and does not take into account your personal individual (and unique) circumstances. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update Our Content, we make no representations, warranties or guarantees, whether express or implied, that Our Content is accurate, complete or up-to-date.

We do not guarantee that the Website or Our Content will be secure or free from viruses or bugs. You are responsible for configuring your technology access to the Website and you should use your own virus protection software.

15. LIMITATION OF LIABLITY

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any of Our Content or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this section 15 affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Website, including, but not limited to your User Content, your use of any information obtained from the Website and any use of Our Content, and the Services other than as expressly authorised in these Terms.

16. SEVERANCE

If any provision of these Terms are invalid or unenforceable in accordance with its terms, it shall be read down to the extent of such invalidity or unenforceability or, if incapable of such construction, it shall be severed and all other provisions, which are self-sustaining and capable of separate enforcement without regard to the invalid or unenforceable provision, shall be and continue to be valid and enforceable in accordance with their terms.

17. GOVERNING LAW AND JURISDICTION

These Terms, their subject matter and their formation are governed by the laws of the State of South Australia. You and we both agree that the courts in the State of South Australia, Australia will have jurisdiction.

18. FEEDBACK AND COMPLAINTS

If you have any questions, feedback or wish to raise a complaint, please contact us.