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.