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Terms and Conditions

These terms and conditions of use apply to use of this website. By using this website, you agree to accept and be bound by these terms and conditions of use.

Use of this website

You must:

  • ensure that your access to and use of this website is not illegal or prohibited by any laws that apply to you

  • not use this website in any manner that comprises or results in any illegal activities or the contravention of any relevant laws

  • not use this website in any manner that comprises or results in the infringement of a third party's rights or entitlement relating to privacy or intellectual property under any laws, standards or codes relating to privacy or intellectual property

  • not tamper with, hinder the operation of, or make unauthorised modifications to, this website.

Intellectual Property Rights (including Copyright)

All intellectual property rights (including, but not limited to, copyright) in the material which appears on this website (including, but not limited to, graphics, logos, icons, sound recordings, information content and software) (Material) is owned by Sherwin Park Community Garden.

You are welcome to use and/or reproduce the information content of the Material but not the graphics, logos, icons, sound recordings and/or software which appear on this website for your personal, in-house or non-commercial use:

  • without the prior written approval of Sherwin Park Community Garden

  • unless otherwise required, for no fee.

If you wish to use and/or reproduce, alter, store or transmit all or any Material for a purpose other than personal, in-house or non-commercial use, you must obtain the prior written approval of Sherwin Park Community Garden before you do so. Please contact us at, Sherwin Park Community Garden to apply for that prior written approval. Sherwin Park Community Garden reserves the right, in its absolute discretion, to refuse giving such approval or to impose conditions (including, but not limited to, a fee) before providing any such written approval.

Linked Websites

This website may contain links to other websites (Linked Websites). These links are provided for your convenience only and may not remain current or be maintained.

The links between this website and the Linked Websites should not be construed as an endorsement, approval or recommendation by Sherwin Park Community Garden of:

  • the Linked Websites

  • any information, content, graphics, materials, products or services referred to or contained on the Linked Websites

  • the owners or operators of the Linked Websites.

You acknowledge that Sherwin Park Community Garden is not responsible for the manner in which the compliance with laws relating to privacy are dealt with by the Linked Websites.

Sherwin Park Community Garden cannot and does not grant any permission or licence to use and/or reproduce any material appearing on the Linked Websites or intellectual property rights in such material.

Sherwin Park Community Garden strongly recommends that you refer to the terms of use appearing on the Linked Websites before using them and/or before making use of any materials that may appear on the Linked Websites.

Disclaimer

This website and any services and material provided on or through the website are provided by Sherwin Park Community Garden in the state they exits as at he time you access or use this website. Sherwin Park Community Garden makes no commitment about the frequency with which, if at all, this website or the Material on this website will be revised, updated or removed.

Except to the extent permitted by law, Sherwin Park Community Garden:

  • is not liable for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this website or any Linked Website

  • is not liable for loss or damage arising out of your use of or reliance upon the information contained on this website or any Linked Website

  • does not warrant the reliability, accuracy, completeness, timeliness, quality or suitability for a particular purpose the content of this website, any Material on this website or any Linked Website

  • does not warrant that access to or use of this website and the services or material provided on or through the website will be uninterrupted or error free or that the website or any material on or accessible through the website is free from errors or information technology dangers (including, but not limited to, viruses, worms, trojan horses, time bomb, cancelbot or any other harmful components).

Amendment of these term and conditions of use

At any time and without notice Sherwin Park Community Garden may update, amend or remove all or any part of this website (including, but not limited to, the Material on this website, the content of this website and / or these terms and conditions of use).

Information Security

The World Wide Web exists across open public networks that are neither secure nor private. You acknowledge and accept the risk that any communication to or from this website may be intercepted, used or modified by third parties.

Access Termination or denial

At any time and without notice Sherwin Park Community Garden reserves the right to suspend, limit, deny or terminate access to, or use of, all or part of this website and services available through this website, if there is an emergency or you engage in conduct that Sherwin Park Community Garden (in its absolute discretion) considers:

  • a contravention of these terms and conditions of use

  • violates any rights or entitlements of Sherwin Park Community Garden or any third party

  • to be inappropriate

  • to be an illegal activity.

Privacy and Freedom of Information

When you access and use this website, you may be required to provide Sherwin Park Community Garden with information which identifies you or which enables you to be identified (including, but not limited to, your name and address) (Personal Information). Sherwin Park Community Garden will collect, store, access, use and disclose your Personal Information in accordance with its obligations under the Privacy and Personal Information Protection Act 1998.

Unless you give Sherwin Park Community Garden a written notice objecting to the collection, storage, use and disclose of your Personal Information, Sherwin Park Community Garden may use your Personal Information:

  • to contact you about or provide you with the services of Sherwin Park Community Garden, tracking the services (including, but not limited to, the status of such services) of Sherwin Park Community Garden provided to you from time to time

  • record any amounts due to or from you in respect of the services provided by Sherwin Park Community Garden

  • to enable you to use the functionality of this website

  • to consider any application received from you

  • in combination with other data for analysis

If you give Sherwin Park Community Garden a written notice objecting to the collection, storage, use and disclose of your Personal Information in a particular manner or at all, Sherwin Park Community Garden will adopt reasonable measures to observe your request but may still use or disclose that information if:

  • it subsequently notifies you of the intended use or disclosure and you do not object to that use or disclosure

  • it believes that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions

  • it is required by laws relating to information disclosure.

Sherwin Park Community Garden reserves the right to reproduce in whole or in part any correspondence or submission (including, but not limited to, any Personal Information contained in any such correspondence or submission). In your correspondence to Sherwin Park Community Garden the inclusion of your contact details is voluntary, but choosing to omit this information may limit Sherwin Park Community Garden's ability to help you. Information about privacy legislation can be obtained from Privacy NSW

You are entitled to have access to any of your Personal Information which is held by Sherwin Park Community Garden. You are also entitled to request Sherwin Park Community Garden to edit and delete such Personal Information on your behalf and Sherwin Park Community Garden will make such edits or deletions unless it is not permitted under any relevant laws.

Payment Security

Sherwin Park Community Garden has contracted the services of WIX for electronic trading in a secure environment. You acknowledge that all payments that you process through the WIX system are subject to the terms and conditions of WIX. All financial details which you provide for the purposes of making a payment to Sherwin Park Community Garden are hosted within the WIX system and are not within the power or control of Sherwin Park Community Garden.

You will ensure that all of the information you provide to WIX in relation to a payment/donation to Sherwin Park Community Garden is complete and correct (including, but not limited to,credit card details and validity dates, and that the credit card is not listed on any warning bulletin held by any bank or credit card provider). You agree that you will comply with any requirement of your credit card provider which may relate to the use of this online service, including without limitation, not exceeding any transaction limit on your credit card.

You consent to:

  • WIX making disclosures of your Personal Information to Sherwin Park Community Garden

  • Sherwin Park Community Garden making disclosures of your Personal Information to WIX; and the retention and storage by Sherwin Park Community Garden of any of your Personal Information received from WIX

  • the extent reasonably required in order for WIX and/or Sherwin Park Community Garden to process, track, confirm, validate and/or respond to any query arising in relation to any payment due from, or made by, you.

You agree that Sherwin Park Community Garden has no obligation to provide products or services to you:

  • until your credit card provider has authorised the transaction

  • where Sherwin Park Community Garden has any reason to suspect that you are not authorised to use the credit card details you have provided.

Unenforceability

If any of these terms and conditions of use is invalid or unenforceable, it will be severed from the remaining terms and conditions of use and they will remain in full force and effect.

Waiver

If Sherwin Park Community Garden does not act in relation to any breach of these terms and conditions of use by you, this does not operate as a waiver by Sherwin Park Community Garden in respect of any rights or entitlements it may have in respect of such breach.

Governing Law

These terms and conditions of use are governed by the laws in force in the State of New South Wales, Australia.

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