Terms of Service

1. Acceptance of terms of use and amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms of Service, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Service. Please read the site’s Privacy Policy and Disclaimer, which are incorporated within these Terms of Service by reference.

2. The site editor’s service

This web site and the services provided to you on and via this web site are provided on an “AS IS” basis. You agree that the site editor reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

3. Your responsibilities and registration obligations

In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site’s Terms of Service, including any amendments made by the site editor that are published herein.

4. Privacy Policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of the site editor’s Privacy Policy.

5. Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the site editor of any unauthorized use of your user account, user name or password.

6. Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor’s prior written consent;
(e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

7. Submission of content on this web site

By providing any content to this web site:
(a) you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site editor the license specified in this section 7;
(c) you acknowledge and agree that the site editor will have the right (but not obligation), at the site editor’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

8. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

9. Indemnification

You agree to indemnify and hold harmless the site editor and the site editor’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

12. Reservation of rights

The site editor reserves all of the site editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the site editor’s rights. and property requires the site editor’s prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site editor’s prior written consent.

13. Copyright

This site and our products are copyrighted. All rights reserved.

Our information may not be copied in part or in full without our express written consent.

Notices for Copyright Violations

Our website and services may allow others to add files or content to our website or services. Links may also be added to websites that are controlled by others. This may be done automatically and without our review.

It is our policy, to suspend or terminate the accounts of users who may intentionally or repeatedly infringe the copyrights others. Whether we choose to do so is entirely within our discretion.

If you believe that your material for which you own the copyright has been infringed upon or violated, please provide our Copyright Agent, in writing, with the following information:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement is:

Copyright Department
Sleepless No More Pty. Ltd.
8/33A Lorne Avenue
Killara NSW 2071
Australia

© 2011 Sleepless No More Pty. Ltd.

14. Payment, Currency and Shipping

Export/Import Compliance Regulations

When purchasing product it is your responsibility to check the legality and suitability of the goods ordered against the standards (electrical, therapeutic, medical, customs, safety, etc) of the receiving country(ies) before placing an order.

Insurance and Postage Charges

Occasionally you may receive communication regarding insurance and postage charges. In those cases, we will use the email address provided on your order, and will not proceed with your order processing until we have received your approval.

International Currency

Prices are stated in US dollars (USD) unless otherwise shown, and are subject to change without notice.

Goods and Services Tax (GST), and Other Taxes

Orders placed from outside Australia and to be delivered outside Australia are not subject to the GST. All other orders are subject to GST.

Any applicable import duties and taxes are payable by you when the goods enter your country, etc.

Payment

All credit card sales and deliveries are subject to credit card approval. All goods remain the property of Sleepless No More Pty. Ltd. until correct payment has been received by us.

Payments made through the PayPal payment gateway can be made by some credit cards, once you have entered the PayPal gateway process.

Physical Product Delivery

We post physical product internationally, provided a valid email address has been supplied (along with your postal address) for efficient communication. All overseas orders will be posted by airmail from Australia. Please allow 8-17 days for dispatch from our warehouse in Australia.

15. Jurisdiction

These Terms of Service are entered into in the state of New South Wales, Australia. You consent to the exclusive jurisdiction of New South Wales, Australia for any dispute arising from or related to these terms, conditions, disclaimers, etc.

You agree that the exclusive venue for any dispute arising from or related to this website and business will be a court located in Sydney, New South Wales, Australia.

16. Severability

Should any term of this Terms of Service be declared void or unenforceable, that term shall be severed, and such declaration shall have no effect on the enforceability of the remaining terms.

17. No Waiver

Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

18. Age Restrictions

You must be at least 18 years old to access this website or to purchase products or services from us.

We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.

19. Guarantee

We guarantee our products for 30 days from date of purchase. Please email zzz@sleeplessnomore.com with the word GUARANTEE in the subject line in order for your request to be processed.

20. Affiliates

Any person or company that affiliates to sell or recommend our website or products take full responsibility for their own actions. Any illegal or misleading behavior on their part will be their own legal responsibility to defend. All claims made by them must agree with the product’s terms of service, the laws of their country and international laws. Legal action will be taken by us in cases where the actions of affiliates degrades or otherwise lowers the goodwill of our company and message.

21. Trademarks

The trademarks used in our catalogs, newsletters, websites, products and other communications are trademarks of Sleepless No More Pty. Ltd., individuals and third parties.

———————————

Sleepless No More Pty. Ltd.
8/33A Lorne Avenue
Killara NSW 2071
Australia
ACN: 094 513 961
ABN: 31 094 513 961

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