Terms and Conditions of Use

The Basics

    • Don't Spam or you will be banned!

    • We have ZERO tolerance for racist, hateful people. Any posts, messages and/or communications (including images and referrals) that we think fall into this category will get the offender banned permanently.

 

Fair go policy

We provide some aspects of Forkie.com free of charge to non-profit and community groups because we are such nice guys.

However, if you are found to be using Forkie.com for commercial purposes under the veil of a non-profit or community group you will be banned.

We reserve the right to ban accounts if a member is found to be conducting themselves and using Forkie.com in inappropriate ways.

Play nice, and be honest and that will benefit all members of the Forkie.com community.

The legal stuff

General Terms & Conditions

Forkie.com ( the "Website" ) is an online community and directory that is privately owned and operated by The Faulkner Trust (A.B.N. 21 209 460 082) ( the "Company"). By using this website, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use.

Use of the Website


1. As a condition of your use of this Website, you represent and warrant to the Company that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

2. This Website contains one or more of the following services: bulletin boards, chat areas, news groups, forums, communities and/or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community or other message or communication or content publishing facility ( the "Services" ). In addition to any other terms or conditions of use of any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, you agree that when using one, you will not:

a) Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.

b) Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.

c) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

d) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

e) Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.

f) Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities.

3. The Company has no obligation to monitor the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities. However, the Company reserves the right at all times to disclose any information deemed by the Company necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

4. You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself. The Company does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

5. You are responsible for the rating, review, comment, or information that you submit to the Website. You accept that we may at our discretion remove, withhold, edit, rephrase, and monitor your reviews, comments and materials before posting them on the Website. Once you have submitted or posted your content, you grant the Company and its affiliates a royalty-free, perpetual, irrevocable and full right to use, reproduce, modify, adapt, publish, translate and create derivatives works from, distribute and display such content worldwide by whatsoever means.

Content on the Website


6. Whilst all care has been taken, the information, products, and services included on this Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company may make improvements and/or changes in this Website at any time. Advice received via the Website should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

7. The Company makes no representations about the suitability, reliability, timeliness, and accuracy of the information, products, and services contained on this Website for any purpose. All such information, products, and services are provided "as is" without warranty of any kind.

8. The Company hereby disclaims all warranties and conditions with regard to the information, products, and services contained on this Website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

9. In no event shall The Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this Website, with the delay or inability to use this Website, with the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if the Company has been advised of the possibility of damages.

10. Due to the fact that certain jurisdictions do not permit or recognize an exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Website.

Access to the Website


11. The Company reserves the right in its sole discretion to deny any user access to this Website, any interactive service herein, or any portion of this Website without notice, and the right to change the terms, conditions, and notices under which this Website is offered.

Limited Liability


12. This agreement is governed by the laws of the State of New South Wales, Australia. You hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of this Website. The performance of this agreement by the Company is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

13. This agreement constitutes the entire agreement between the user and the Company with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

14. Forkie.com is located in Sydney, NSW, Australia.

15. The content of the Website is protected by international copyright laws. If you wish to copy, redistribute or enquire about any of the information provided within this site please contact the Company.

Zero SPAM policy

16. Features of this Website allow bulk email and SMS sending facilities for legitimate permission marketers and organisations communicating with their subscribers.

The Website has a zero tolerance policy with regard to SPAM, and we are governed by Australian anti-spam laws.

If you are found to be using the Services in breach of our Zero SPAM policy, your account will be deleted, and access to the Service denied.

The basics, found below are reproduced from the Australian Government Anti Spam website.

If your business uses any form of e-marketing, including email, SMS (text message), MMS (image based text messages) or instant messaging, you must understand and meet the following three key requirements of the Spam Act:

  1. Consent - make sure you have consent to contact the recipient and can prove you have obtained it
  2. Identify - include accurate information to identify yourself or your organisation as the authorised sender of the message
  3. Unsubscribe - make sure your messages have a functional unsubscribe facility, so that recipients can unsubscribe at any time. Forkie.com provides this feature automatically to help bulk mailers comply with anti-spam legislation :)

A message does not necessarily have to be sent out to numerous addresses to be considered spam. Under Australian law, a single electronic message can be considered spam.

If you are unaware of your responsibilities regarding SPAM compliance, please review the following antispam information published by the Australian Government:

Account Security

17. When you register to become a member of the Website, you choose your own username and password.

Your Username and Password should be kept secret, and should not be shared with any other person.

You are solely responsible for protecting your chosen Username and Password.

You must be a real, living human to register a member account on the Website.