Privacy policy
1. About the Website
A) Welcome to zettaflorence.com.au (Website). The Website provides you with an opportunity
to browse and purchase various products that have been listed for sale through the
Website (Products). The Website provides this service by way of granting you access to
the content on the Website (Purchase Services).
B) The Website is operated by We Are Citizen Pty Ltd(ACN 671 883 604). Access to and use
of the Website, or any of its associated Products or Services, is provided by We Are Citizen
Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing
and/or reading the Website, this signifies that you have read, understood and agree to be
bound by the Terms. If you do not agree with the Terms, you must cease usage of the
Website, or any of Services, immediately.
C) We Are Citizen Pty Ltd reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When We Are Citizen Pty Ltd updates the Terms, it
will use reasonable endeavours to provide you with notice of updates to the Terms. Any
changes to the Terms take immediate effect from the date of their publication. Before you
continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by We Are Citizen Pty Ltd in the user interface.
3. Registration to use the Purchase Services
A) In order to access the Purchase Services, you must first register as a user of the Website.
As part of the registration process, or as part of your continued use of the Purchase
Services, you may be required to provide personal information about yourself (such as
identification or contact details), including:
i) Email address
ii) Mailing address
iii) Telephone number
B) You warrant that any information you give to We Are Citizen Pty Ltd in the course of
completing the registration process will always be accurate, correct and up to date.
C) Once you have completed the registration process, you will be a registered member of the
Website (Member) and agree to be bound by the Terms. As a Member you will be granted
immediate access to the Purchase Services.
D) You may not use the Purchase Services and may not accept the Terms if:
a) you are not of legal age to form a binding contract with We Are Citizen Pty Ltd; or
b) you are a person barred from receiving the Purchase Services under the laws of
Australia or other countries including the country in which you are resident or from
which you use the Purchase Services.
4. Your obligations as a Member
A) As a Member, you agree to comply with the following: You will use the Purchase Services
only for purposes that are permitted by:
i. the Terms;
ii. any applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions;
iii. you have the sole responsibility for protecting the confidentiality of your password
and/or email address. Use of your password by any other person may result in the
immediate cancellation of the Purchase Services;
iv. any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify We Are Citizen Pty Ltd of any
unauthorised use of your password or email address or any breach of security of
which you have become aware;
v. access and use of the Website is limited, non-transferable and allows for the sole
use of the Website by you for the purposes of We Are Citizen Pty Ltd providing the
Purchase Services;
Vi. you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;
Vii. you agree that commercial advertisements, affiliate links, and other forms of
solicitation may be removed from the Website without notice and may result in
termination of the Purchase Services. Appropriate legal action will be taken by We
Are Citizen Pty Ltd for any illegal or unauthorised use of the Website; and
viii. you acknowledge and agree that any automated use of the Website or its Purchase
Services is prohibited.
5. Purchase of Products and Returns Policy
A) In using the Purchase Services to purchase the Product through the Website, you will
agree to the payment of the purchase price listed on the Website for the Product
(Purchase Price).
B) Payment of the Purchase Price may be made through Shopify (Payment Gateway
Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy
and other relevant legal documentation provided by the Payment Gateway Providers.
C) Following payment of the Purchase Price being confirmed by We Are Citizen Pty Ltd, you
will be issued with a receipt to confirm that the payment has been received and We Are
Citizen Pty Ltd may record your purchase details for future use.
D) We Are Citizen Pty Ltd may, at their sole discretion, provide a refund on the return of the
Products within 30 days where the Product packaging is unopened and remains in a
saleable condition. You acknowledge and agree that you are liable for any postage and
shipping costs associated with any refund pursuant to this clause.
6. Delivery
A) You acknowledge that the Purchase Services offered by We Are Citizen Pty Ltd integrate
delivery (Delivery Services) through the use of third party delivery companies (Delivery
Service Providers).
B) In providing the Purchase Services, We Are Citizen Pty Ltd may provide you with a variety
of delivery and insurance options offered as part of the Delivery Services by the Delivery
Service Providers. You acknowledge and agree that We Are Citizen Pty Ltd is not the
provider of these delivery and insurance options and merely facilitates your interaction with
the Delivery Service Providers in respect to providing the Delivery Services.
C) In the event that an item is lost or damaged in the course of the Delivery Services, We Are
Citizen Pty Ltd asks that you:
i. contact the Delivery Service Provider directly to request a refund or to claim on any
insurance options available; and
ii. contact us by sending an email to info@wearecitizen.global outlining in what way
the Products were damaged in transit so we are able to determine if the Delivery
Service Provider should be removed from the Purchase Services.
7. Copyright and Intellectual Property
A) The Website, the Purchase Services and all of the related products of We Are Citizen Pty
Ltd are subject to copyright. The material on the Website is protected by copyright under
the laws of Australia and through international treaties. Unless otherwise indicated, all
rights (including copyright) in the site content and compilation of the website (including text,
graphics, logos, button icons, video images, audio clips and software) (Content) are
owned or controlled for these purposes, and are reserved by We Are Citizen Pty Ltd or its
contributors.
B) We Are Citizen Pty Ltd retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or in relation to the Website will transfer to you:
a) the business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright of We Are Citizen Pty Ltd; or
b) the right to use or exploit a business name, trading name, domain name, trade mark
or industrial design; or
c) a system or process that is the subject of a patent, registered design or copyright
(or an adaptation or modification of such a system or process).
C) You may not, without the prior written permission of We Are Citizen Pty Ltd and the
permission of any other relevant rights owners: broadcast, republish, up-load to a third
party, transmit, post, distribute, show or play in public, adapt or change in any way the
Content or third party content for any purpose. This prohibition does not extend to materials
on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
We Are Citizen Pty Ltd takes your privacy seriously and any information provided through your
use of the Website and/or the Purchase Services are subject to We Are Citizen Pty Ltd's Privacy
Policy, which is available on the Website.
9. General Disclaimer
A) You acknowledge that We Are Citizen Pty Ltd does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products other than
provided for pursuant to these Terms.
B) We Are Citizen Pty Ltd will make every effort to ensure a Product is accurately depicted on
the Website, however, you acknowledge that sizes, colours and packaging may differ from
what is displayed on the Website.
C) Nothing in these Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
D) Subject to this clause, and to the extent permitted by law:
i. all terms, guarantees, warranties, representations or conditions which are not
expressly stated in these Terms are excluded; and
ii. We Are Citizen Pty Ltd will not be liable for any special, indirect or consequential
loss or damage (unless such loss or damage is reasonably foreseeable resulting
from our failure to meet an applicable Consumer Guarantee), loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the Purchase
Services or these Terms (including as a result of not being able to use the Purchase
Services or the late supply of the Purchase Services), whether at common law,
under contract, tort (including negligence), in equity, pursuant to statute or
otherwise.
E) Use of the Website, the Purchase Services, and any of the products of We Are Citizen Pty
Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of We Are Citizen Pty Ltd, are provided to you on an
"as is" and "as available" basis, without warranty or condition of any kind. None of the
affiliates, directors, officers, employees, agents, contributors, third party content providers
or licensors of We Are Citizen Pty Ltdincluding any third party where the Delivery Services
are made available to you) make any express or implied representation or warranty about
its Content or any products or Purchase Services (including the products or Purchase
Services of We Are Citizen Pty Ltd) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the following:
i. failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
ii. the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third party
material and advertisements on the Website);
iii. costs incurred as a result of you using the Website, the Purchase Services or any of
the Products;
iv. the Content or operation in respect to links which are provided for the User's
convenience;
v. any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
vi. any defamatory, threatening, offensive or unlawful conduct of third parties or
publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
A) We Are Citizen Pty Ltd's total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase
Price paid by you under these Terms or where you have not paid the Purchase Price, then
the total liability of We Are Citizen Pty Ltd is the resupply of information or Purchase
Services to you.
B) You expressly understand and agree that We Are Citizen Pty Ltd, its affiliates, employees,
agents, contributors, third party content providers and licensors shall not be liable to you for
any direct, indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall include, but is
not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill
or business reputation and any other intangible loss.
C) We Are Citizen Pty Ltd is not responsible or liable in any manner for any site content
(including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of We Are
Citizen Pty Ltd, by third parties or by any of the Purchase Services offered by We Are
Citizen Pty Ltd.
D) You acknowledge that We Are Citizen Pty Ltd does not provide the Delivery Services to you
and you agree that We Are Citizen Pty Ltd will not be liable to you for any special, indirect
or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising
out of or in connection with the Delivery Services.
11. Termination of Contract
A) The Terms will continue to apply until terminated by either you or by We Are Citizen Pty Ltd
as set out below.
B) If you want to terminate the Terms, you may do so by:
i. notifying We Are Citizen Pty Ltd at any time; and
ii. closing your accounts for all of the Purchase Services which you use, where We
Are Citizen Pty Ltd has made this option available to you.
C) Your notice should be sent, in writing, to We Are Citizen Pty Ltd via the 'Contact Us' link on
our homepage.
D) We Are Citizen Pty Ltd may at any time, terminate the Terms with you if:
ii. you have breached any provision of the Terms or intend to breach any provision;
ii. We Are Citizen Pty Ltd is required to do so by law;
iii. the partner with whom We Are Citizen Pty Ltd offered the Purchase Services to you
has terminated its relationship with We Are Citizen Pty Ltd or ceased to offer the
Purchase Services to you;
iv. We Are Citizen Pty Ltd is transitioning to no longer providing the Purchase Services
to Users in the country in which you are resident or from which you use the service;
or
v. the provision of the Purchase Services to you by We Are Citizen Pty Ltd is, in the
opinion of We Are Citizen Pty Ltd, no longer commercially viable.
E) Subject to local applicable laws, We Are Citizen Pty Ltd reserves the right to discontinue or
cancel your membership to the Website at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Purchase Services
without notice if you breach any provision of the Terms or any applicable law or if your
conduct impacts We Are Citizen Pty Ltd's name or reputation or violates the rights of those
of another party.
F) When the Terms come to an end, all of the legal rights, obligations and liabilities that you
and We Are Citizen Pty Ltd have benefited from, been subject to (or which have accrued
over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall
continue to apply to such rights, obligations and liabilities indefinitely.
12. Indemnity
A) You agree to indemnify We Are Citizen Pty Ltd, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
i. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or
in connection with any Content you post through the Website;
ii. any direct or indirect consequences of you accessing, using or transacting on the
Website or attempts to do so and any breach by you or your agents of these Terms;
and/or
iii. any breach of the Terms.
13. Venue and Jurisdiction
The Purchase Services offered by We Are Citizen Pty Ltd are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
14. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding
or claim of whatever nature arising out of or in any way relating to the Terms and the rights
created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.