Terms Of Service & Privacy Policy
Terms Of Service
Terms of Service Agreement
This Terms of Service Agreement ("Agreement") is a legal agreement between you ("User," "You," or "Your") and Sleeply Pty Ltd (ACN 676 772 384) ("Company," "We," "Us," or "Our") governing your use of the sleeply.com.au website ("Website") and any services offered through the Website. By accessing or using the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you may not access or use this Website.
1. Website Use
1.1. Eligibility: You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into this Agreement.
1.2. License: Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use.
1.3. Prohibited Activities: You agree not to engage in any of the following activities in connection with your use of the Website:
a. Violating any applicable laws, regulations, or third-party rights;
b. Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity;
c. Interfering with or disrupting the operation of the Website or any servers or networks connected to the Website;
d. Attempting to gain unauthorized access to the Website or any other user accounts;
e. Using the Website for any purpose other than its intended purpose;
f. Circumventing, disabling, or otherwise interfering with security-related features of the Website.
2. Product Sales
2.1. Product Descriptions: We make every effort to accurately display the attributes of our products, including the colours and sizes. However, we cannot guarantee that your computer monitor's display of any product will be accurate.
2.2. Pricing: All prices displayed on the Website are in Australian Dollars (AUD) unless otherwise indicated. We reserve the right to change the prices of products at any time without prior notice.
2.3. Orders: By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts. Upon receipt of your order, we reserve the right to accept or reject it for any reason, including but not limited to product availability and errors in product descriptions or pricing.
2.4. Shipping: We will ship products to the address provided by you during the ordering process. We aim to dispatch orders within 2 business days after receipt of payment, but we cannot guarantee specific delivery dates.
3. Intellectual Property
3.1. Ownership: All content, trademarks, logos, and other intellectual property rights displayed on the Website are the property of the Company or its licensors.
3.2. License: Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the content on the Website for your personal, non-commercial use.
4. Privacy
4.1. Privacy Policy: Our Privacy Policy governs the collection, use, and disclosure of personal information provided by you in connection with your use of the Website. By using the Website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
5. Limitation of Liability
5.1. Disclaimer: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE.
6. Governing Law
6.1. Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Australia. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Australia.
7. Miscellaneous
7.1. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7.2. Entire Agreement: This Agreement constitutes the entire agreement between you and the Company regarding your use of the Website and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.
By using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
If you have any questions about this Agreement, please contact us at info@sleeply.com.au.
Last updated: 1st April 2024
Privacy
Policy
Privacy Policy
Sleeply Pty Ltd (ACN 676 772 384) (“we”, “us” or “our”) are committed to respecting your privacy. Our privacy policy (“Privacy Policy”) sets outs out how we collect, use, store, share and disclose your personal information.
1. Openness and transparency
1.1 We are committed to protecting your privacy and respecting and upholding your rights under the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (“Privacy Act”). We ensure that we will take all necessary and reasonable steps to comply with the APPs and to deal with inquiries or complaints from individuals about compliance with the APPs.
1.2 By accessing and using our website, products and services, you agree to and consent to the collection, use, storage and disclosure of personal information by us as set out in this Privacy Policy.
2. Personal information
2.1 Personal information is information or an opinion about an individual whose identity is apparent, or can be reasonably ascertained, from that information or opinion (whether true or not, and whether recorded in a material form or not).
2.2 The type of personal information we collect from you includes, without limitation, the following:
· your full name;
· email address;
· credit card information;
· your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
· details of the Products provided to you or Listed on the Platform, and any additional information necessary to deliver those Products and respond to your enquiries;
· any additional information relating to you that you provide to us directly through our Platform or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
· information you provide to us through customer surveys;
· billing information (including credit and bank details); or
· any other personal information that may be required in order to facilitate your dealings with us.
3. Collection
3.1 We will collect personal information only by lawful and fair means and not in an unreasonably intrusive way. Generally, we will collect personal information directly from you, and only to the extent necessary to provide our products and services requested or ordered by you and to carry out our administrative functions or as required by law. We will not collect sensitive information from you.
3.2 We may also collect person information from you when you fill in an application form, communicate with us, visit our website, provide us with feedback, complete online surveys or participate in competitions. We may collect personal information about you from our business partners or from third parties.
3.3 If you use a pseudonym when dealing with us or you do not provide identifiable information to us, we may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our website, do not sign into it or provide any information that might identify you.
3.4 We require individuals to provide accurate, up-to-date and complete personal information at the time it is collected.
4. What do we do with your personal information?
4.1 Disclosure of personal We use and disclose your personal information for the purposes for which the information is collected, or for a directly related purpose, including (but not limited to):
· prevent fraud on the Platform;
· providing our website, products and services to you;
· administering, protecting, improving or optimising our website, products and services (including performing data analytics, conducting research and for advertising and marketing purposes);
· billing you for purchasing or using our website, products and services;
· marketing purposes, such as the use of automated and/or manual emailing and SMS messages;
· informing you about our website, products, services, rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
· responding to any inquiries or comments that you submit to us;
· verifying your identity;
· any other purpose you have consented to; and
· any use which is required or authorised by law.
5. Information
5.1 We may disclose your personal information to:
· third-parties we ordinarily engage from time to time to perform functions on our behalf for the above purposes;
· any person or entity to whom you have consented to us disclosing your personal information to;
· our external business advisors, auditors, lawyers, insurers and financiers; and
· any person or entity to whom we are required or authorised to disclose your personal information to in accordance with the law.
6. Access and management
6.1 Subject to some exceptions provided by law, you may request access to your personal information in our customer account database, or seek correction of it, by contacting us. See section 11: Contact information. Should we decline you access to your personal information, we will provide a written explanation setting out our reasons for doing so.
6.2 We may charge a reasonable fee that is not excessive to cover the charges of retrieving your personal information from our customer account database. We will not charge you for making the request.
6.3 If you believe that we hold personal information about you that is not accurate, complete or up-to-date then you may request that your personal information be amended. We will respond to your request to correct your personal information within a reasonable timeframe and you will not be charged a fee for correcting your personal information.
6.4 If we no longer need your personal information for any of the purposes set out in this Privacy Policy, or as otherwise required by law, we will take such steps as are reasonable in the circumstances to destroy your personal information or to de-identify it.
7. Direct marketing
7.1 Where we have your express or implied consent, or where we are otherwise permitted by law, we may use your personal information to send you information about products and services we believe are suited to you and your interests or we may invite you to attend special events.
7.2 At any time, you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your personal information as detailed above, will continue. You can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us in writing at info@sleeply.com.au.
8. Cross-border disclosure
8.1 We may disclose your personal information to third party recipients located in or outside of Australia in order to provide our website, products and services to you. As at the date of this Privacy Policy, such third-party recipients are located in the United States (“Recipients”).
8.2 When entering into a transaction with us you consent to your personal information being disclosed or transferred to such Recipients and you acknowledge and agree that we have no obligation to take such steps as are reasonable in the circumstances to ensure that the information that is transferred or disclosed to the Recipients will be treated in a manner that is consistent with the APPs. You also agree that insofar as the law allows, we have no liability to you or anyone else for any breach by the Recipient of the APPs.
9. Sleeply website
9.1 When transmitting personal information from your computer to our website, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, we will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
9.2 Our website may use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but if you do so, you may not be able to fully experience the interactive features of our website
10. Security
10.1 We may hold your personal information in either electronic or hard copy. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. For example, we use an encryption security system to protect all website connections, databases and database backups. We use a secure login system which grants only authorised users access to relevant data.
10.2 However, we cannot guarantee the security of any personal information transmitted over the internet and therefore you disclose information to us at your own risk. We will not be liable for any unauthorised access, modification or disclosure, or misuse of your personal information.
11. Contact information and complaints
11.1 If you require further information regarding our Privacy Policy or wish to make a privacy complaint, please contact us at info@sleeply.com.au.
11.2 If you have questions, concerns or complaints relating to this privacy policy or Sleeply’s privacy/data protection practices, you are welcome to contact the us.
12.Miscellaneous
12.1 We reserve the right to modify this Privacy Policy in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended Privacy Policy on our website.
Dated: 1st April 2024