TERMS & CONDITIONS
1. OVERVIEW
SLEEP WITH ME is operated by Sleep With Me Pty Ltd. Our registered business details are as follows:
ABN: 41 662 778 001
ACN: 662 778 001
This website is operated by SLEEP WITH ME. Throughout the site, the terms “we,” “us,” and “our” refer to SLEEP WITH ME. SLEEP WITH ME provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms
and conditions (“Terms & Conditions” or “Terms”), including any additional terms, conditions, and policies referenced herein or
available by hyperlink. These Terms & Conditions apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools added to the current store shall also be subject to the Terms & Conditions. You may review the most current version of the Terms & Conditions at any time on this page. SLEEP WITH ME reserves the right to update, change, or replace any part of these Terms & Conditions by posting updates and/or changes on our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the website following the posting of any changes constitutes
acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell our products and services to you.
Compliance with Australian Consumer Law:
To ensure compliance with Australian consumer law, SLEEP WITH ME is committed to providing products and services that meet the
consumer guarantees set out in the Australian Consumer Law (ACL). These guarantees include, but are not limited to, ensuring that
products are of acceptable quality, fit for purpose, and match their descriptions. If you have any concerns regarding your purchase, please contact us directly to discuss your rights and available remedies under ACL.
By using our website, you agree to abide by these Terms & Conditions and acknowledge that you understand your rights under Australian law. If you have any questions or require further clarification regarding these terms, please reach out to us at contact@sleepwithme.com.au
2. ONLINE STORE TERM
By agreeing to these Terms & Conditions, you confirm that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have provided consent for any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purposes, and you must not, during your use of the Service, violate any laws applicable in your jurisdiction, including but not limited to copyright laws.
You are strictly prohibited from transmitting any worms, viruses, or any destructive code.
Any breach or violation of these Terms will result in the immediate termination of your access to our Services.
3. GENERAL CONDITIONS
SLEEP WITH ME reserves the right to refuse service to anyone, for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) modifications to conform to and adapt to the technical requirements of connecting networks or devices. Please note that credit card information is always encrypted during transmission over networks to ensure your security.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the
Service, or any contact on the website through which the Service is provided, without express written permission from SLEEP WITH
ME.
The headings used in this agreement are for convenience only and will not limit or otherwise affect the interpretation of these
Terms.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
SLEEP WITH ME is not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your
reference only. SLEEP WITH ME reserves the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
SLEEP WITH ME reserves the right to modify or discontinue the Service (or any part or content thereof) at any time, without prior notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
6. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the SLEEP WITH ME website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on the website. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products
or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will
meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
7. REFUNDS AND RETURNS
All products sold through SLEEP WITH ME are subject to our Returns Policy, which is compliant with Australian Consumer Law. For more details, please review our complete Returns Policy on our website.
8. SHIPPING POLICY
Shipping costs and delivery times vary based on your location and the shipping method selected at checkout. SLEEP WITH ME is
not responsible for delays caused by shipping carriers, and we cannot guarantee delivery dates. For lost or delayed shipments, please contact us at contact@sleepwithme.com.au. Additional information can be found in our detailed Shipping Policy on our website.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
SLEEP WITH ME reserves the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, using the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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 necessary. For more details, please review our Returns Policy.
10. USER ACCOUNTS AND SECURITY
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. SLEEP WITH ME reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
11. OPTIONAL TOOLS
We may provide you with access to third-party tools over which SLEEP WITH ME has no monitoring, control, or input You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. SLEEP WITH ME shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).
In the future, we may also offer new services and/or features through the website, including the release of new tools and resources. Any such new features and/or services will also be subject to these Terms & Conditions.
12. THIRD-PARTY ADVERTISEMENTS
Our website may include third-party advertisements, and SLEEP WITH ME is not responsible for the content or accuracy of any
advertising materials or claims made by advertisers. Any dealings you have with advertisers found on our website are solely between you and the advertiser.
13. THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with SLEEP WITH ME. We are not responsible for examining or evaluating the content or accuracy of these third-party sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
SLEEP WITH ME is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. You should carefully review the third-party's policies and practices and ensure you understand them before engaging in any transaction.
Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (such as contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that SLEEP WITH ME may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments you forward to us in any medium. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms & Conditions.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality,
or any other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, nor contain any computer viruses or other malware that could affect the operation of
the Service or any related website in any way. You must not use a false email address, impersonate someone other than yourself, or otherwise mislead SLEEP WITH ME or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility and take no liability for any comments posted by you or any third party.
15. PERSONAL INFORMATION
Your submission of personal information through the SLEEP WITH ME store is governed by our Privacy Policy. To view our Privacy Policy, please refer to the designated section on our website.
16. COOKIES AND TRACKING TECHNOLOGIES
SLEEP WITH ME uses cookies and similar tracking technologies to enhance your experience on our website. By using our website, you consent to our use of cookies.
17. ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. SLEEP WITH ME reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, but
not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
18. PROHIBITED USES
In addition to other prohibitions set forth in these Terms & Conditions, you are prohibited from using the SLEEP WITH ME website or its content for any of the following purposes:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) To violate any international, federal, state, provincial, or local regulations, rules, laws, or ordinances;
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that could affect the functionality or operation of the Service or any related website, other websites, or the Internet;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
SLEEP WITH ME reserves the right to terminate your use of the Service or any related website for violating any of these prohibited uses.
19. INTELLECTUAL PROPERTY RIGHTS
All content on the SLEEP WITH ME website, including text, graphics, logos, images, audio clips, and software, is the property of Sleep With Me Pty Ltd or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
'Sleep With Me,' 'sleepwithme,' and logos associated with SLEEP WITH ME are registered trademarks in Australia. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
20. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
SLEEP WITH ME does not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or
error-free.
We do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time, without prior notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service, and all products and
services delivered to you through the service, are provided 'as is' and 'as available' for your use, except as expressly stated by us. This means that, to the fullest extent permitted by law, the service is provided without any representations, 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.
In no case shall SLEEP WITH ME, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, 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. This applies to any
claim arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or
otherwise made available via the service, even if advised of the possibility of such damages. Because some jurisdictions do not
allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
21. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SLEEP WITH ME, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees,
from any claim or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of
these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third
party.
22. SEVERABILITY
If any provision of these Terms & Conditions is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms & Conditions, and such a determination shall not affect the validity and enforceability of any remaining provisions.
23. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms & Conditions will remain in effect unless and until terminated by either you or SLEEP WITH ME. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our services
or by ceasing to use our site.
24. ENTIRE AGREEMENT
The failure of SLEEP WITH ME to exercise or enforce any right or provision of these Terms & Conditions does not constitute a
waiver of that right or provision. These Terms & Conditions, along with any policies or operating rules posted by us on this site or in relation to our services, constitute the entire agreement and understanding between you and SLEEP WITH ME. They govern your use of our services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms & Conditions). Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against SLEEP WITH ME as the drafting party.
25. GOVERNING LAW
These Terms & Conditions, along with any separate agreements through which SLEEP WITH ME provides services to you, shall be governed by and interpreted in accordance with the laws of our warehouse at 35A Police Road, Mulgrave, VIC 3170, Australia.
26. DISPUTE RESOLUTION
Any disputes arising from or relating to these Terms & Conditions or your use of the SLEEP WITH ME website shall be resolved through binding arbitration in accordance with the laws of Victoria, Australia. Any court proceedings must be filed in Victoria, Australia.
27. CHANGES TO TERMS & CONDITIONS
SLEEP WITH ME reserves the right to update, change, or replace any part of these Terms & Conditions at any time. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
28. CONTACT INFORMATION
For any questions regarding our Terms & Conditions, please reach out to us at contact@sleepwithme.com.au.