These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them.
If you are under 18, please ask an adult for help with your purchase.
We are:
Chris Seton (Sole Trader, ABN 35 655 825 678)
Our location is:
Sydney, Australia
You are:
Our customer and a parent of a child aged between 10 and 18 years.
Definitions
In this agreement:
- “SleepShack” means the entire computing hardware and software installation that is or supports SleepShack.
- “Service” means the Sleep Treatment Plan and Body Clock Plan that we offer for sale on SleepShack and includes updates and support services so far as specified for each Service.
- Content means any material in any form published on SleepShack by us or any third party with our consent.
- “Material” means Content of any sort posted by you on SleepShack.
Our Contract with You
These terms and conditions apply: * So far as the context allows, to you as a visitor to SleepShack; and * In any event to you as a buyer or prospective buyer of our Service. * Our contract is made when you receive an “Account Created” email from us. * Unfortunately, we cannot guarantee that the Service advertised on SleepShack is available. If at any time the Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which the Service has been available. * We may change these terms from time to time. The terms that apply to you are those posted here on SleepShack on the day you order the Service. * If in future, you buy the Service from us under any arrangement, which does not involve your payment via SleepShack, these terms still apply so far as they can be applied. *If we owe you money (for this or any other reason), we will credit your credit card as soon as reasonably practicable but in any event no later than 7 days from the date of your order.
Your Account with Us
- You agree that you have provided, and will continue to provide accurate, up to date, relevant and complete information about yourself and your child. We need this information to provide you with the Service.
- If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
Price, Payment and Service Provision
- It is possible that the price may have increased from that posted on SleepShack. If that happens, we will not provide the Service until you have confirmed that you wish to order at the new price.
- Our Service will be provided via SleepShack and we will email you when the Service has been made available.
- If we are not able to provide your Service within 10 days of the date of your order, we shall notify you by email to tell you the likely provision date.
- We may change the nature or provision of the Service at any time. We may tell you about any such change by email or by posting details on SleepShack.
- If we change the nature or provision of the Service, you may terminate this contract.
- If a change we make in the provision of the Service, involves action on your part, and you do not take that action, we are entitled to terminate the Service to you without notice.
- You may not share or allow others to use the Service in your name.
- We will do our best to maintain SleepShack so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Service for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
Dissatisfaction &/or Cancellation
- Once Service provision has started, you cannot cancel the Service.
- If for any reason you are not completely happy with your purchase, you can contact us by email at the Contact Point on SleepShack.
- Once the Service has been provided, and you request a refund, supporting documentary evidence of the Service not performing as expected, must be provided. Receiving a refund is at the discretion of SleepShack. A refund will not be given if your child does not complete the Service in full.
Disclaimers
- We may make improvements or changes to SleepShack, the Content, or to the Service, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Service for your purpose;
- the medical effectiveness or efficacy of the Service;
- the truth of any Content on SleepShack published by us;
- any implied warranty or condition of the Service for a purpose other than that for which the Service is commonly used;
- compatibility of SleepShack with your equipment, software or telecommunications connection.
- SleepShack contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of SleepShack or the purchase of the Service.
- In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or Services you have purchased.
- We are not liable in any circumstances for personal injury or medical condition arising out of or in connection with your use of SleepShack or the purchase of the Service.
System Security
- You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of SleepShack.
- You may not use any software tool for the purpose of extracting data from SleepShack.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
- Confidential Information and Intellectual Property Rights
- You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
- We will defend the intellectual property rights in connection with our Product and SleepShack, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software.
- We also claim copyright in the designs and compilation of all Content of SleepShack. Title, ownership rights shall remain the sole property of us. We protect those rights in all countries.
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Miscellaneous Provisions
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide the Service without charge to you, then it is deemed to be provided free, and not to be associated with any Service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those goods or Service.
- Nothing in this agreement or on SleepShack shall confer on any third party any benefit or obligation.
- If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
- In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
- This Agreement shall be governed by and construed in accordance with the law of Australia.