Zimarts
Last Updated: August 3, 2025
1. Introduction
These Terms of Use (“Terms”) govern your use of the Zimarts website located at [insert Zimarts website address], our mobile application, and any other platform or service operated by Zimarts Stores The World Pty Ltd (ACN: [Insert ACN]) (“Zimarts,” “we,” “us,” or “our”) (collectively, the “Platform”).
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.
2. People Consumer Law (ACL)
Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings, and other legal rights, under the Competition and Consumer Act 2010 (Cth) and other laws. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted.
3. Use of the Platform
3.1 Eligibility: The Platform is intended for use by individuals who can form legally binding contracts under applicable law. By using the Platform, you represent that you are at least 18 years old or have the permission of a parent or guardian.
3.2 Account Responsibility: If you create an account, you are responsible for maintaining the confidentiality of your account details, including your password. You agree to accept responsibility for all activities that occur under your account.
3.3 Prohibited Conduct: You agree not to use the Platform for any purpose that is unlawful or prohibited by these Terms. Prohibited conduct includes, but is not limited to:
* Violating any applicable laws or regulations.
* Impersonating any person or entity.
* Hacking, data mining, or otherwise interfering with the operation of the Platform.
* Distributing viruses or other harmful code.
* Posting or transmitting any material that is defamatory, obscene, or offensive.
4. Intellectual Property
4.1 Ownership: All Intellectual Property Rights in the Platform, including but not limited to the website design, text, graphics, logos, images, software, and any other material (collectively, “Content”) are owned by Zimarts or our licensors.
4.2 Licence to You: We grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Platform for your personal, non-commercial use, subject to these Terms.
4.3 Restrictions: You may not copy, reproduce, republish, upload, post, transmit, or distribute the Content in any way without our prior written consent.
5. Third-Party Links
The Platform may contain links to third-party websites or services that are not owned or controlled by Zimarts. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of these third-party links is at your own risk.
6. Disclaimers and Limitation of Liability
6.1 General Disclaimer: The Platform is provided on an “as is” and “as available” basis. We do not make any representations or warranties of any kind, express or implied, as to the operation of the Platform or the Content.
6.2 No Guarantee of Availability: We do not guarantee that the Platform will be available at all times, secure, or free from errors, viruses, or other harmful components. We are not liable for any loss or damage you may suffer as a result of the Platform being unavailable.
6.3 Limitation of Liability: Subject to the non-excludable consumer guarantees under the ACL, Zimarts, its directors, employees, and agents are not liable for any direct, indirect, incidental, special, or consequential loss or damage arising out of or in connection with your use of the Platform.
7. Indemnity
You agree to indemnify and hold Zimarts, its directors, employees, and agents harmless from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from or in connection with your use of the Platform or your breach of these Terms.
8. Privacy
We are committed to protecting your privacy. Our Privacy Policy, which is available on our Website, explains how we collect, use, store, and disclose your personal information in accordance with the Privacy Act 1988 (Cth). By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
9. General Provisions
9.1 Amendments: We reserve the right to amend these Terms at any time. The updated Terms will be effective from the date of publication on the Platform. Your continued use of the Platform after the changes take effect constitutes your acceptance of the new Terms.
9.2 Termination: We may terminate or suspend your access to the Platform at any time, with or without cause or notice, for any reason.
9.3 Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of New South Wales, The World. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.
10. Contact Information
If you have any questions about these Terms, please contact us at: sales@zimarts.com