Welcome to Zinus!

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, information security practices, and dispute resolution through arbitration govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

This website (Site) is operated by Zinus Australia Pty Ltd (ACN 626 906 616) (we,ours). These terms and conditions (Terms) are between us andyou, the person placing an order for products through the Site.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Use of the Site

You accept these Terms by placing an order via the Site.  

(a) You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.  

(b) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:  

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; 
2. using the Site to defame, harass, threaten, menace or offend any person; 
3. using the Site for unlawful purposes; 
4. interfering with any user of the Site; 
5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses); 
6. using the Site to send unsolicited electronic messages;  
7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or 
8. facilitating or assisting a third party to do any of the above acts. 

Changes in terms of use

Periodically we update our Terms of Use and Privacy Policy to reflect changes in our practices. When we modify our terms and policies, we will revise the “Last Updated” date at the top of this website. The modified Terms of Use and Privacy Policy will be effective immediately upon posting. Your continued use of this website after the posting constitutes your agreement to be bound by it.

Intellectual Property Rights

This website contains valuable trademarks and service marks owned and used by Zinus. Any use of these Zinus marks without the prior written permission of Zinus is strictly prohibited. This website also contains material that is owned by or licensed to us, including, but not limited to, the design, layout, look, appearance and graphics. All trademarks reproduced in this website that are not the property of, or licensed to, Zinus are acknowledged on the website. This website may be used only as a personal shopping resource. ANY OTHER USE, INCLUDING THE COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THIS WEBSITE IS PROHIBITED. Reproduction of website content is prohibited in accordance with applicable copyright laws.

User Generated Content

1. You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.  
2. If you make any User Content available on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. 
3. You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that:  
4. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and 
5. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 
6. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. 

Disclaimer of Warranties

Zinus intends for the information and data contained on this website to be accurate and reliable. However, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose, and the information and materials are provided “AS IS” and “AS AVAILABLE”. You expressly agree that your use of this website and any information contained herein is at your sole risk. You acknowledge that such information and materials may contain inaccuracies or errors. Accordingly, to the extent permitted by applicable law, ZINUS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions, so such disclaimers may not apply to you. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Limitation on Liability

IN NO EVENT WILL ZINUS OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, PARENT COMPANY, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED HEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF ZINUS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through this website or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraph, if Zinus is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount that you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) USD $500.

General

Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.  

Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. 

Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.  

Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have. 

Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.  

Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order. 

Governing Law

These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

This website is operated by Zinus from its offices in Brisbane, Australia, and the website is intended for users who reside in Australia. Zinus makes no representations or warranties that the website or any materials contained herein are valid, appropriate or available for use outside of Australia. If you access and use this website from outside Australia, you do so at your own risk and are responsible for compliance with applicable local laws. In the event that any provision of these terms of use is determined to be illegal or unenforceable, for example by any applicable local law, the balance of these terms of use shall continue to be fully valid, binding, and enforceable.

For any questions and notices, please contact us at: 

Zinus Australia Pty Ltd (ACN 626 906 616)  

HQ Address: 42 Cleveland St, Stones Corner, Brisbane, QLD 4120, Australia 

Email: australianorders@zinus.com
These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.