Thank you for visiting our Website. This Website is owned and operated by ZODA Pty Ltd ABN: 36002086017. By accessing and/or using this Website you agree to these terms and conditions. You should review our Terms carefully and immediately cease using our Website if you do not agree to these Terms.
In these Terms:
- Sales Terms means the terms and conditions applicable to all orders for and purchases of products from the shop; www.zoda.com.au
- Shop means the online ZODA store which you may access, and purchase products from, via the Website;
- ‘us’, ‘we’ and ‘our’ means ZODA Pty Ltd;
- ‘Website’ means www.zoda.com (including all password protected areas) and any subdomains, all related top-level domains, mobile sites, apps, APIs and widgets.
These Terms may be amended at any time and we recommend that you refer to these Terms each time you use this Website. The amended Terms will be effective from the date they are posted on this Website. Your continued use of this Website will constitute your acceptance of the amended Terms. Your right to access and use this Website will immediately cease if you breach any provision of these Terms.
If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have, including taking any action in the future.
You will need to create an account to access certain features of our website to track your purchase history and/or store your billing and shipping details.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this email address, including all purchases made through this account via our Shop.
To create an account, you must:
- be at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the Website in accordance with these Terms.
We are entitled to delete, suspend or change your account profile at any time, without notice, in the event of a breach or suspected breach of these Terms.
If you register for our newsletter, it will be sent to the email address you provided on registration. It is your responsibility to update your personal details if they change, including your email address.
If you no longer wish to receive the newsletter, you can unsubscribe at any time by clicking the ‘unsubscribe’ link in the newsletter.
If you order or purchase any products , then the Sales Terms will also apply (in addition to these Terms) in relation to all your orders for and purchases of products.
The products, prices and promotional offers (if any) made in the e-boutique only apply to orders placed online with the e-boutique and may be different from those available from other stockists selling ZODA products. We assume no liability for prices or products that differ in those stores.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website and in our Newsletter, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website and the Newsletter. You should monitor any changes to the information contained on this Website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
PROMOTIONS AND COMPETITIONS
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own, license or have the right to use from third parties all the content and material (including all text, graphics, photos, moving images, illustrations, artwork, logos, audio and software) made available on this Website (Content) and all intellectual property rights in the Content and the Website.
Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
You must not infringe our intellectual property rights in the Content and/or the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Content and/or the Website or any information contained on or in the Website without our written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.
We grant you permission to download, view and print digital and/or physical copies of the Content only for your personal and non-commercial use and on condition that all Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). You may only reproduce or use the Content for any other purpose with our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
All rights not expressly granted are expressly reserved.
RESTRICTIONS ON USE OF WEBSITE
In accessing or using the Website you agree that you will not:
- use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website without our express written consent;
- use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
- use or index any content or data on the Website for purposes of competing with us in any manner that we have not specifically authorised;
- transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or any content on the Website, except as expressly authorised by us;
- transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature;
- use the Website or any content from the Website in any manner which is in our opinion not reasonable and/or not for the purpose it is made available; or
- act in breach of any term or condition of use or other condition imposed by us or any law.
We reserve the right to exercise whatever means we consider necessary to prevent unauthorised access to or use of the Website, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.
WARRANTIES AND DISCLAIMERS
Warranties given in relation to products you purchase from us on the website are set out in the Sales Terms and not in these Terms.
The Website is provided ‘as-is’ and ‘as available’ without any express or implied warranty. You use this Website at your own risk.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control.
We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party in relation to your use of the Website.
We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Any liability online that we may have in relation to products you have purchased from us via www.zoda.com.au will be determined under the Sales Terms and not under these Website Terms.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we, our related entities, directors, officers and agents be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs (including our negligence) – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it (including Third Party Content) are incorrect, incomplete or not up-to-date.
If you constitute a consumer under the Australian Consumer Law while accessing the Website, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your use of the Website. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected services again or paying the cost of supplying the services again.
You indemnify us against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by us in connection with or arising from, whether directly or indirectly, as a result of your breach of these Terms, your use or access of the Website or any violation by you of any applicable law.
JURISDICTION AND GOVERNING LAW
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
SURVIVAL OF TERMS
All provisions of these Terms that by their nature should survive termination of your access to the Website shall survive including all limitations on liability, disclaimers, choice of law and intellectual property protections.
You may report any suspected violation of these Terms to us by using the following email link [email protected] . We will investigate the matters and take any actions we consider appropriate.