1. Outline
1.1 These Terms govern your use of and access to the Platform. By using the Platform, you agree to these Terms. If you do not agree to the Terms, you may not use the Platform.
1.2 We may change, vary or modify all or part of these Terms at anytime at our sole discretion, in which case:
1.2.1 we will post the new Terms on the Platform; and
1.2.2 they will apply to your use of and access to the Platform through your acceptance of them by subsequent or continued use of the Platform.
1.3 periodically for changes. If you object to any variation to these Terms, your only remedy is to immediately discontinue your use of the Platform.
1.4 By using the Platform, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
1.5 As long as you comply with these Terms, we grant you a personal, non-exclusive, nontransferable, limited privilege to enter and use the Platform.
2. Privacy
2.1 The Privacy Policy can be found on the Platform and applies to your use of the Platform and its terms form an integral part of these Terms.
2.2 The Privacy Policy may be changed from time to time and is effective immediately when it is posted to the Platform.
3. Platform Access
3.1 Your access to the Platform may be suspended without notice in the case of system failure, maintenance or repair, for any reason beyond our control or otherwise in our absolute discretion.
3.2 We reserve the right to change or discontinue any website, page, functionality, feature or service on the Platform at any time.
4. Registration of Users
4.1 To access or use certain parts of the Platform, you may be required to register as a user and open an account (including setting up an identification name and password) and agree to certain terms and conditions.
4.2 Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We require you to not to share this password with anyone.
4.3 When registering as a user of the Platform, you must provide us with:
4.3.1 accurate, complete and up-to-date registration information;
4.3.2 a form of identification to verify your identity, including but not limited to your name, contact phone number, email address and postal address; and
4.3.3 details of any changes to your registration information.
4.4 When registering as a user of the Platform, you must not:
4.4.1 register as a user multiple times; or
4.4.2 impersonate or create a user registration for any person other than yourself.
4.5 As a registered user of the Platform, you must:
4.5.1 ensure the security and confidentiality of your user registration details, including any username and/or password assigned to you;
4.5.2 notify us immediately if you become aware of any unauthorised use of your user details; and
4.5.3 not permit your user details to be used by or transferred to any other person.
4.6 You are entirely responsible for all activities which occur under your user details, including those as a result of your failure to keep your information secure and confidential (including unauthorised use of your credit card or other payment details).
4.7 If you believe someone has gained unauthorised access to your account you must notify us immediately via complaints@citizenwatches.com.au. Once notified we may suspend or terminate your account and if appropriate, assist you in setting up a new account.
4.8 We reserve the right, in our sole discretion, to suspend or terminate your use or access to any part of the Platform, including if we believe you:
4.8.1 are abusing the use of the Platform;
4.8.2 have breached these Terms or any Service Conditions; or
4.8.3 are no longer an active user of the Platform.
5. Use of Platform
5.1 You must not:
5.1.1 use the Platform in breach of any applicable laws or regulations;
5.1.2 use the Platform (or Content obtained from the Platform):
a) to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
b) to impersonate any person or entity;
c) to solicit money, passwords or personal information from any person;
d) to harm, abuse, harass, stalk, threaten or otherwise offend others; or
e) for any unlawful purpose;
5.1.3 use the Platform to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available any Material that:
a) is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
b) contains, promotes, or provides information about unlawful activities or conduct;
c) is, or could reasonably be expected tobe, defamatory, obscene, offensive, threatening, abusive, vulgar, profane or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
d) poses or creates a privacy or security risk to any person;
e) contains restricted or password only access pages, or hidden content;
f) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
g) advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
h) interferes with, disrupts, or creates an undue burden on the Platform or any systems, or networks connected to the Platform;
5.1.4 copy, store, alter, reproduce, republish, upload, post, display, transmit or distribute any part of the Platform or Content (other than a temporary copy held in your computer’s cache) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent
5.1.5 use the Platform with the assistance of any automated scripting tool or software;
5.1.6 use code or other devices containing any reference to the Platform to direct other persons to any other web page;
5.1.7 attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any of our servers;
5.1.8 probe, scan or test the vulnerability of the Platform or any network connected to the Platform;
5.1.9 reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Platform to its source;
5.1.10 use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other person’s use of the Platform;
5.1.11 modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so; or
5.1.12 delete any attributions or legal or proprietary notices on the Platform.
5.2 You may use Content and information on our Services purposely made available by us for downloading from the Platform, provided that you:
5.2.1 do not remove any proprietary notice language in copies of such documents;
5.2.2 use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer of broadcast it in any media; and
5.2.3 make no modifications to any such information.
5.3 It is a parent’s responsibility to monitor their children’s use of our Platform. We require all legal guardians of minors to consent to using our Platform and explain our Terms.
6. Material of Use
6.1 By uploading, transmitting, posting or otherwise making available any Material via the Platform (where permitted), you:
6.1.1 grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
6.1.2 warrant to us that you have the right to grant the above mentioned licences;
6.1.3 warrant to us that the Material does not breach these Terms; and
6.1.4 unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of the Material.
6.2 We reserve the right (but have no obligation) to:
6.2.1 review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
6.2.2 monitor use of the Platform, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
6.3 We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Platform by any person other than us. We endorse any opinion, advice or statement made by any person other than us.
7. Third Party Links & Advertising
7.1 You assume total responsibility for your use of the Platform and any linked independent thirdparty websites.
7.2 The payment gateways integrated into the purchase process made available through this Platform are not maintained or developed by third party service providers and are not maintained or developed by us. You use of such services is subject to the terms and conditions of use maintained by such third parties and we are not responsible to you for your use of their payment gateway services.
7.3 The Platform may feature or display links to websites operated by third parties including social media platforms such as Facebook, Twitter and Instagram. Such websites do not form part of the Platform and are not under our control. These third party websites may send their own cookies to users to collect data. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Platform entirely at your own risk.
7.4 You must not link to the Platform from any other website (or otherwise authorise any other person to link from a third party website to the Platform) without our prior written consent.
7.5 The Platform may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
7.6 From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of the Privacy Policy.
8. Click-Stream Data & Cookies
8.1 When you visit our Platform, our server collects certain anonymous information known as click-stream data, including:
8.1.1 the type of browser and system you are using;
8.1.2 the address of the site you have come from and move to after your visit;
8.1.3 the date and time of your visit;
8.1.4 your server's ISP address including your IP address (location);
8.1.5 your geographic location; and
8.1.6 whether this is your first visit to the site or how many times access to the site has come from your IP Address or mobile device (as the case may be).
8.2 We may collect this information for statistical purposes to find out how our Platform is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times and popular categories or styles of products. We may use this information to develop a profile based on your use of the Platform and to evaluate and improve our Platform’s performance.
8.3 We may in some circumstances disclose aggregate Platform visitor information to advertisers. This information does not personally identify you, but allows advertisers to evaluate the number of users that have seen or linked to their advertisements on our Platform. Providing this information to advertisers helps us improve the Platform and ensure that it remains free.
8.4 Our web server may send cookies to your machine when you visit our Platform, respond to online surveys, or request information. We may use cookies to identify your computer and aggregate information collected to analyse traffic, display advertising and provide you with a better experience on our Platform by improving the content and making it easier to use.
8.5 Most browsers automatically accept cookies, but you can usually refuse cookies or selectively accept certain cookies by adjusting the preferences in your browser. Please refer to your browser instructions or help screen to learn how to do this..
9. Content & Disclaimer
9.1 The Platform contains Content that is protected by our Intellectual Property Rights and those belonging to third parties.
9.2 Except as expressly provided otherwise in the Terms, you do not have any right, title or interest in or right of use of any Content on the Platform.
9.3 Except where expressly stated otherwise, Content on the Platform is provided as general information only. It is not intended as advice and must not be relied upon as advice. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
9.4 You acknowledge and agree that:
9.4.1 transmissions on the internet are never completely private or secure and you understand that any message or information you send to or download from the Platform (where permitted) may be read or intercepted by others; and
9.4.2 we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Platform in any circumstance;
9.4.3 we cannot ensure that any data you download from the Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features;
9.4.4 the Platform and its Content is delivered on an as-is and as-available basis;
9.4.5 we do not make any representations or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits and we will not be liable for the same; and
9.4.6 your sole remedy against us for dissatisfaction with the Platform or any Content or Material is to stop using the Platform.
9.5 If you think that the Platform has been accessed or used by another user in breach of the Terms, please email us at: complaints@citizenwatches.com.au.
10. Exclusions & Limitations
10.1 All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to the fullest extent permitted by law.
10.2 Our liability arising in relation to your use of the Platform, however arising and whether for consequential loss or otherwise, including any liability arising by virtue of any representation or Platform Terms of Use – May 2015 3 warranty, whether express or implied by law, is excluded to the fullest extent permitted by law.
11. General
11.1 Indemnity: You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your use of, access to, conduct in connection with, breach or alleged breach of theseTerms.
11.2 Lawful purpose: You shall ensure that thePlatform is used only for lawful purposes and in accordance with any applicable laws.
11.3 Binding: These Terms shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or, being a company, its successors, administrators and permitted assigns.
11.4 Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms without our prior written consent.
11.5 Severability: Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
11.6 Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
11.7 Governing law: These Terms shall be governed by the laws of the State of New South Wales.
12. Interpretation & Definitions
12.1 Personal pronouns: Except where the context otherwise provides or requires:
12.1.1 the terms we, us or our refers to Citizen Watches Australia Pty Ltd (ACN 000 496 720 ) and
12.1.2 the terms you or your refers to a user of the Platform.
12.2 Defined terms: In these Terms, unless otherwise provided, the following terms shall have their meaning as specified:
Content means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio,video, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination,expression, look and feel and arrangement of such content contained on the Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights.
Intellectual Property Rights means all forms ofintellectual property rights (whether registered orunregistered) in copyright, designs, patents, trademarks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Material means any material in which you have Intellectual Property Rights provided by you for use on the Platform or in the production, development and supply of the Services to you including, but not limited to, text, illustrations, photographs, audio, video, any combination of these or other material.
Platform means the website at citizenwatches.com.au including its sub-domains regardless of how it is accessed by users (including via the internet, mobile phone or any other device or other means).
Privacy Policy means our privacy policy as amended from time to time available via our Platform.
Service Conditions means our relevant terms and conditions for the supply of our products and Services as amended from time to time.
Services means our online shopping, catalogue and digital marketing services provided through the Platform.
Terms means these terms and conditions of access to the Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Platform, as amended from time to time.
