Terms and Conditions

Last updated on 11 September 2019

These terms and conditions (Terms) govern your use of the Slumber Bum website located at http://www.slumberbum.com.au (Website) and our supply of goods through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, SLUMBER BUM TRADING CO PTY LTD ABN 65 635 892 205 (Slumber Bum, our, we or us).

These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase goods through the Website (Goods).

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

DISCLAIMER

Our Goods are not medical devices. Some of our Goods are smart sleep companions for infants and babies that may help you and your child develop positive sleep patterns. Any information on our Website or in our services is not a substitute for medical advice. We strongly recommend that you always speak to your doctors or pediatricians if you have any concerns about your child.

We cannot guarantee any results from using the Goods. It may work for one child and not for another as every child is different.

Our Goods are not a replacement for responsible parenting. As with all technology there are risks and the Goods may not work accurately as described (including the temperature monitor) depending on your circumstances and home environment. You must always check on your child. Do not rely on technology as there could be errors. You should always listen for your child crying. You should not leave the Goods alone with your child. There may be risks of injury and strangulation. Be aware of any attachments on the Goods including wooden teethers and any charging cables that you may use which could be a strangulation risk. Please follow any instructions on the use of the Goods provided to you in our User Guide (defined below).

Before making any changes to your child’s sleep routine, health or otherwise, seek medical advice to evaluate any risks. Individual results may vary and cannot be guaranteed.

(a) The purpose of providing you with the Goods is to provide you with general information that is based on your and your child’s personal experience.

(b) Slumber Bum does not provide medical advice, and none of its staff are medically trained.

(c) Any recommendations or advice on the Website or otherwise provided in our services including our app, are Slumber Bum’s solutions or remedies of what actions you may take and are in no way to be taken as medical advice and are not exhaustive of all possible solutions or remedies.

We encourage you to seek medical advice if you are unsure about anything to do with your child.

1. USE OF THE WEBSITE

1.1 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

1.2 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Slumber Bum;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of Slumber Bum, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;

(iv) instigating or participating in a denial-of-service attack against the Website.

1.3 INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a) the Website will be free from errors or defects;

(b) the Website will be accessible at all times;

(d) information you receive or supply through the Website will be secure or confidential; or

(e) any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

1.4 INTELLECTUAL PROPERTY

(a) Slumber Bum retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Slumber Bum or as permitted by law.

1.5 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility.

(b) We have no control over the content of the linked websites and we are not responsible for it.

1.6 SECURITY

Slumber Bum does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

1.7 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

1.8 LIABILITY

(a) (Limitation of liability) To the maximum extent permitted by applicable law, Slumber Bum excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any goods or services provided by Slumber Bum.

Claims for loss of or damage to Goods in transit must be made against the carrier.

Goods sold by Slumber Bum will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Slumber Bum's liability for breach of that non-excludable condition, warranty or guarantee will, at Slumber Bum's option, be limited to:

(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and

(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

(b) (Indemnity) You agree to indemnify Slumber Bum and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives' use of the Website or of any goods or services provided by Slumber Bum.

(c) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Slumber Bum be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by Slumber Bum (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

1.9 COLLECTION NOTICE AND PRIVACY

(a) We collect personal information about you in order to access and use our Website, to contact and communicate with you regarding your orders, to respond to your enquiries, to provide you with Products and services and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

2. SUPPLY TERMS

2.1 OFFER TO PURCHASE

By submitting an order for purchase of a Good using the Website's functionality (Purchase Order) you represent and confirm that you:

(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(b) are authorised to use the debit or credit card included in your order.

Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.

2.2 PAYMENT

(a) (Upfront payment) You must pay for all Goods upfront at the time of purchase on our Website.

(b) (Payment obligations) Unless otherwise agreed in writing:

(i) if Slumber Bum issues an invoice to you, payment must be made by the time specified in such invoice;

(ii) in all other circumstances, you must pay for all Goods on or prior to Slumber Bum dispatching the Goods for delivery; and

(iii) you must not set off any money alleged to be owing by Slumber Bum against money due by you to Slumber Bum.

(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Slumber Bum, you must pay the GST subject to Slumber Bum providing a tax invoice.

(d) (Card surcharges) Slumber Bum reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

(e) (Online payment partner) We may use third-party payment providers (including Stripe) (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

2.3 CANCELLATION

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

2.4 PRICING ERRORS

In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

2.5 PRODUCT INFORMATION

Slumber Bum endeavours to ensure that the descriptions and specifications in relation to the Goods on our Website or in catalogues are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such Slumber Bum does not guarantee that those descriptions and specification are accurate or free from errors or omissions. Slumber Bum reserves the right to make any necessary corrections to the descriptions or specifications without notice.

2.6 DELIVERY AND SHIPPING

(a) (Delivery) For Goods to be delivered, Slumber Bum will charge you for delivery at any time (notwithstanding that it may not have previously done so) on top of the price on our Website. Prices will be based on your location and shown at the time of checkout.

(b) (Signature) You must have someone sign for all deliveries.

(c) (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

2.7 TITLE AND RISK

(a) (Title) Until the price of Goods is paid in full, title in those Goods is retained by Slumber Bum.

(b) (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.

(i) or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you, Slumber Bum reserves the right to revoke such credit and demand immediate payment before any further shipment of Goods;

(ii) you must pay Slumber Bum interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Slumber Bum;

(iii) you authorise Slumber Bum, its employees and agents to enter any premises occupied by you or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or any reasonable damage;

(iv) Slumber Bum may at its option keep or resell Goods retaken from you; and

(v) if you sell Goods or items into which the Goods are incorporated before payment in full to Slumber Bum, you acknowledge that such sale is made by you as bailee for and on behalf of Slumber Bum, to hold the proceeds of sale on trust for Slumber Bum, in an account in the name of Slumber Bum, and you must pay that amount to Slumber Bum on demand.

2.8 CUSTOMS AND DUTIES

Slumber Bum reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

2.9 RETURNS & EXCHANGES

(a) Returns of Goods will only be accepted if:

(i) the Goods are faulty and you comply with the provisions of this clause; or

(ii) the Goods are new, unused and tagged (if applicable) (Original Condition);

(iii) the Goods are returned within 30 days of you receiving it; and

(iv) we agree in writing to accept return of the Goods.

(b) (Change of mind return) We do not accept change of mind returns.

(c) (30 day change of mind return) If within 30 days of delivery of your order you are unsatisfied with your purchase or wish to return it for any reason please contact us using the details provided on our Website and we will provide you with details on how to return your Goods. You must pay for any return shipping costs of Goods to us for change of mind returns. Any Goods returned must be unopened, in the original packaging, undamaged, and in the Original Condition as when delivered to you. Any damaged goods or goods used otherwise in accordance with our User Guide (defined below) will not be accepted for return. Once we have received the Goods in the Original Condition, we will organise a refund to your original payment method.

(d) (Faulty products) If you believe your Goods are faulty, please contact us using the details provided on our Website with a full description of the fault (including images if possible).

If we determine that your Goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product faulty.

(e) If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions or our User Guide, failure to use in any way that the Goods were not designed for, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.

If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

If you fail to comply with the provisions of this clause in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

3. USE OF GOODS

(a) (Instructions) You agree to use the Goods in accordance with the manufacturer's instructions and our instructions including a user guide given to you with the Goods (User Guide). The User Guide will contain information about how to connect the Goods with our services and information on product safety.

(b) (Liability) Without limiting or otherwise affecting clause 1.8, to the maximum extent permitted by applicable law, Slumber Bum will not be liable to any person for loss or damage of any kind, arising as a result of your failure to comply with clause 4(a), and you indemnify us in respect of such liability.

4. DISCLAIMER AND SAFETY

You acknowledge and agree that:

(a) You have read and understood the disclaimer at the beginning of these Terms;

(b) You understand that the Goods are not a medical device and if you have any concerns about your child’s health or sleeping habits you must seek medical advice from a medical professional;

(c) The Goods are not a substitute for proper parenting and you must always supervise your child. There may be errors in technology or due to your environment the Goods may not function as intended. You must always listen for your cries from your child;

(d) You must not leave the Goods alone with your child. If your child is under 1 years old nothing, including the Goods, should be placed into the baby’s sleeping area;

(e) The Goods may have strangulation risks and hazards. You must keep any charging cables away from your child;

(f) The Goods may contain choking hazards;

(g) The Goods are water resistant, shock proof and drop proof to a certain level. However, please use care when using the Goods and when supervising your child using the Goods. Your Goods will last longer if they are well looked after. You must not, and must not allow your child to, submerge the Goods under water as this will damage the Goods beyond repair and be in violation of our User Guide. You must not, or allow your child to, deliberately throw the Goods as this may damage the Goods beyond repair;

(h) The Goods may be a fire hazard and you must keep all Goods away from any flammable substances;

(i) The Goods do not guarantee any results and may not work for your child; and

(j) You have read Slumber Bum’s User Guide and will operate and use the Goods in accordance with this User Guide;

5. GENERAL

(a) (Governing law) This agreement is governed by the law applying in New South Wales Australia.

(b) (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

(d) (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(e) (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.

(f) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

(g) (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.

(h) (Interpretation) In these Terms, the following rules of interpretation apply:

(i) (singular and plural) words in the singular includes the plural (and vice versa);

(ii) (gender) words indicating a gender includes the corresponding words of any other gender;

(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(iv) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(v) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(vii) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(ix) (includes) the word "includes" and similar words in any form is not a word of limitation; and

(x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.