Terms of Service

OVERVIEW

Welcome to zimasyaau.com.

In these Terms of Service, “Zimasya”, “Zimasya Australia”, “we”, “us” and “our” refer to BIZFURNIZ PTY LTD (ABN 54 696 133 481), the authorised Australian operator of the Zimasya brand, the operator of zimasyaau.com, and the seller and service provider of record for products purchased through this website.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity.

You may not transfer, sell, assign, or license your account to any other person.

Section 2 - OUR PRODUCTS

We strive to ensure that all product information, images, and related service descriptions presented on our online store are accurate and kept up to date.

However, due to differences in device display settings, lighting conditions during photography, and production batches, the actual product you receive may vary slightly in color, appearance, or detail from what is shown on your screen.

These reasonable variations do not constitute a product defect.

Product descriptions, specifications, dimensions, and other details provided on this website are for general reference purposes only.

We reserve the right to update or modify product information at any time without prior notice where necessary.

To the extent permitted by applicable law, we also reserve the right to limit product availability, quantities, delivery regions, or to decline or cancel orders at our discretion.

Section 3 - ORDERS

When you place an order, you are making an offer to purchase.

Zimasya reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until Zimasya confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Zimasya may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Return and Refund Policy.

Products purchased through this website may be used for the customer’s own personal, household, office or internal business purposes.

Products must not be purchased for unauthorised commercial resale, redistribution or export unless we have agreed otherwise in writing.

For custom workspace solutions, made-to-order products and tailored products, production will only commence after the customer has approved the applicable design drawings, specifications or order details.

Once production, procurement or other order-specific work has commenced, voluntary customer-requested changes or cancellations will generally not be available.

Customers who wish to request a change or cancellation should contact us as soon as possible. We will review the request based on the production, procurement and logistics status of the order and confirm any available options in writing.

No cancellation fee will apply unless the amount or method of calculation was clearly disclosed to and accepted by the customer before the order was confirmed.

Any cancellation request will be reviewed in accordance with our Return and Refund Policy and the production, procurement, dispatch and logistics status of the order.

Nothing in this section limits or excludes any rights or remedies available under the Australian Consumer Law.

Section 4 - PRICES AND BILLING

All prices listed on this website are shown in Australian dollars (AUD) and include GST. Product prices, shipping fees and other applicable charges may be updated from time to time, but the final payable amount will be clearly displayed at checkout before payment is completed.

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, all prices are displayed in Australian Dollars (AUD).

The listed price does not include shipping costs, which will be added to your order total.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms.

If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.

You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 - SHIPPING AND DELIVERY

All production, shipping and delivery timeframes are estimates unless we expressly confirm otherwise in writing.

We are not responsible for delays caused by events outside our reasonable control, including carrier disruptions, customs processing delays, port congestion, severe weather, natural disasters, industrial action or other events that we could not reasonably prevent or avoid.

We will take reasonable steps to keep customers informed of material delays and to assist with available delivery arrangements.

Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law, including where a delay is caused by our failure to exercise due care and skill or to supply goods within a reasonable time.

Delivery risk and transit damage will be handled in accordance with the Australian Consumer Law, our Shipping Policy and our Return and Refund Policy. If your item arrives damaged, missing parts, or not as described, please contact us promptly with photos and your order number so we can assess and provide an appropriate remedy.

Section 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Zimasya, its affiliates or licensors and are protected by Australian and international patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for lawful personal, household, office or internal business purposes. You must not use the Services for unauthorised resale, redistribution, unlawful activities or other unauthorised commercial exploitation.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Zimasya or any third party.

Unauthorized use of the Services may be a violation of intellectual property laws.

All rights not expressly granted herein are reserved by Zimasya.

Zimasya’s names, logos, product and service names, designs, and slogans are trademarks of Zimasya or its affiliates or licensors.

You must not use such trademarks without the prior written permission of Zimasya.

All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources).

Section 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality).

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

Section 9 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

We collect and handle your personal information in accordance with our Privacy Policy and the Australian Privacy Act 1988 (Cth).

By using the Services, you acknowledge that you have read our privacy policy.

Information you submit to the Services may be transmitted to and shared with third parties that may be located in other countries than where you reside, in order to provide services to you.

Review our privacy policy for more details on how we and our partners use your personal information.

Section 10 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback;

(ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback;

and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence;

(2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback.

You are solely responsible for any Feedback you make and its accuracy.

We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

Section 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 12 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, state or territory regulations, rules, laws, or local ordinances;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;

(e) to transmit false or misleading information;

(f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;

(g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

(h) to impersonate or attempt to impersonate any other person or entity;

(i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Zimasya or users of the Services, or expose them to liability;

(j) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;

(k) to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;

(l) to collect or track the personal information of others;

(m) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(n) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 13 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver;

Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 14 - AUSTRALIAN CONSUMER LAW

Our policies do not affect any right that you have under the Australian Consumer Law (ACL).

For any purchase that has a major failure, we offer a refund or replacement (subject to availability), or let you keep the product and compensate for any drop in the value.

If there is only a minor failure, we offer a repair (or, in our discretion, a replacement of the item or part or refund for any drop in the value) within a reasonable time.

Please contact our customer support team for any issue with any product from us.

Section 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes.

We do not warrant the accuracy, completeness, or usefulness of this information.

Any reliance you place on such information is strictly at your own risk.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO THE AUSTRALIAN CONSUMER LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Section 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO OUR OBLIGATIONS UNDER THE AUSTRALIAN CONSUMER LAW, IN NO CASE SHALL ZIMASYA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Zimasya and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld).

You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 21 - GOVERNING LAW

These Terms of Service and any separate agreements by which we provide you with services shall be governed by and construed in accordance with the laws of Australia.

You and Zimasya irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Australia.

Section 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.