Welcome to Slumber Bum!
When we talk about "Slumber Bum", "we," "our," or "us" in these Terms, we are referring to SLUMBER BUM TRADING CO PTY LTD ABN, an Australian business with ABN 65 635 892 205. When we talk about the "Services" in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer that are used to control, program and customise any of our products we offer for sale through our website or otherwise (Products).
If you access or download our mobile application from the Apple App Store or Google Play store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application. When downloading our app from the Apple Store or Google Play store you may be asked to sign up to other terms and conditions and this is in accordance with clause 12.3 below.
We've also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Our Products are not medical devices. Some of our Products are smart sleep companions for infants and babies that may help you and your child develop positive sleep patterns. Any information 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 Services. It may work for one child and not for another as every child is different.
Our Products are not a replacement for responsible parenting. As with all technology there are risks and the Services 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 device alone with your child. There may be risks of injury and strangulation. Be aware of any attachments on any Products including wooden teethers and charging cables that you may use which could be a strangulation risk. Please follow any instructions on the use of the Services 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 Services 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 in the 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.
These Terms set out the terms and conditions that apply when you use the Services. By using the Services, you agree to be bound by these Terms which form a binding contractual agreement between you and us.
Please have a careful read through these Terms before using the Services. If you don't agree to these Terms, please don't use the Services.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you'll be taken to have agreed to the Terms as modified.
2. WHO MAY USE THE SERVICES
In order to use the Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access the Services if these facts are not true.
If you are accessing the Services for a child (including anyone under the age of 18) you must be that child’s parent or guardian and you must consent to using the Services for your child.
3. ACCOUNT REGISTRATION AND PROFILES
In order to use the Services, you will be required to sign up for an account (Account). You can register for an Account using your email and you can choose a password.
When you register for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
Once you have signed up for an Account you may choose to create a profile for your child (Profile). You can choose to provide additional information for your child such as images, name, gender, birthdate and gestation period. You do not need to provide this information in order to access our Services.
You will be able to add up to 4 profiles for an Account.
You may use the same Account and Profile for more than one parent and/or legal guardian.
You agree that you're solely responsible for:
(a) maintaining the confidentiality and security of your Account information, your password and Profile;
(b) your Account and Profile are personal and you must not transfer it to others, except with our written permission; and
(c) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
(Notifications) By signing up for an Account you agree to receive notifications from our Services regarding the Services via SMS, email or otherwise through the Services. You will also receive notifications for your use of the Services. You may change your notification preferences via the app.
4.2 We offer a no cost plan which will allow you to access some features of our Services (Free Version). In order for you to access additional features (Paid Version), we may require the payment of fees (Fees). These Fees may be paid via the mobile application store or otherwise depending on our current prices and billing process.
4.3 FAILURE TO PAY
If Fees for an Account are not paid when they are due, we may revoke your Account and require payment for you to continue accessing those Services.
4.4 PAYMENT METHODS
We may use third-party payment providers including Stripe (Payment Providers) to collect Fees. 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.
5. USE OF SERVICES AND RECOMMENDATIONS
(Instructions) You agree to use the Services in accordance with the manufacturer's instructions and our instructions including a user guide given to you with the Services (User Guide). The User Guide will contain information about how to connect the Services with the product and information on product safety.
(Liability) Without limiting or otherwise affecting clause 16, 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 this clause, and you indemnify us in respect of such liability.
6. 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 Services 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 Services 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 Services may not function as intended. You must always listen for your cries from your child;
(d) The Services do not guarantee any results and may not work for your child; and
(e) You have read Slumber Bum’s User Guide and will operate and use the Services in accordance with this User Guide.
Except as otherwise set out on our website, we generally don't offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we'll consider your situation.
If you are using our Paid Version we will require at least 1 weeks’ notice before the start of your next billing cycle in order to process any refund or cancellation.
8. ACCEPTABLE USE
We'll need you to make a few promises about the way you'll use the Services.
(a) not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
(b) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(c) not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(d) not to attempt to breach the security of the Services or Slumber Bum's system security, or otherwise interfere with the normal function of the Services, including by:
(i) gaining unauthorised access to Accounts or data about other users of the Services;
(ii) scanning, probing or testing the Services for security vulnerabilities;
(iii) overload, flood, mailbomb, crash or submit a virus to the Services or Slumber Bum's system; or
(iv) instigate or participate in a denial-of-service attack against the Services or Slumber Bum's system; and
(e) to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.
9. YOUR CONTENT
9.1 TYPES OF CONTENT
As part of using the Services, you may be uploading images, voice recordings, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the app, sharing content via the app on social media or by contacting us, or when you register an Account (Posted Materials).
9.2 POSTED MATERIALS
By providing or posting any Posted Materials, you represent and warrant that:
(a) you are authorised to provide the Posted Materials and you give consent to provide the Posted Materials for your child;
(b) the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
(c) the Posted Materials are not "passing off" of any product or service and does not constitute unfair competition;
(d) the Posted Materials do not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);
(e) the Posted Materials are accurate and true at the time they are provided;
(f) any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(g) the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
(h) the Posted Materials do not breach or infringe any applicable laws, regulations or orders.
9.3 POSTED MATERIALS – IP LICENCE
By uploading any Posted Materials, you grant to Slumber Bum (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Slumber Bum to use, exploit or otherwise enjoy the benefit of such Posted Material.
9.4 REMOVAL OF POSTED MATERIALS
We don't have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.
10. OUR CONTENT
Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Services in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.
11. COLLECTION NOTICE AND PRIVACY
12. THIRD PARTIES
12.1 THIRD PARTY CONTENT
The Services may contain text, images, data and other content provided by a third party (Third Party Content). We're not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
12.2 THIRD PARTY LINKS
The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
12.3 THIRD PARTY TERMS AND CONDITIONS
By using the Services, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including Shopify, our Payment Providers and our app store providers such as Apple and Google).
You agree to any Third Party Terms applicable to any third party goods and services, and Slumber Bum will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
13. NOTICE REGARDING APPLE
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
(a) these Terms are between you and Slumber Bum and not with Apple. Apple is not responsible for the Services or any content available on the Services;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
(c) in the event of any failure of Slumber Bum to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Slumber Bum’s responsibility;
(d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
(e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
(f) that you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(g) you must comply with applicable third party terms of agreement when using the Services; and
(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
14. SERVICE LIMITATIONS
The Services are made available to you strictly on an 'as is' basis. We can't guarantee, and make no warranties, to the extent permitted by law, that:
(a) the Services will be free from errors or defects;
(b) the Services will be accessible or available at all times;
(c) messages sent through the Services will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Services will be secure or confidential; or
(e) any information provided through the Services is accurate or true.
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
16. LIABILITY AND INDEMNITY
To the maximum extent permitted by applicable law, Slumber Bum limits 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 the Services to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
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, or in connection with, you or your representatives use of the Services and/or breach of these Terms.
All express or implied representations and warranties given by us 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 our option, be limited to:
(a) in the case of goods, their replacement or the supply or equivalent goods or their repair; and
(b) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
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 the Services, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
17.1 CANCELLATION BY YOU
You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided in the app.
17.2 CANCELLATION BY US
To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason, provided that we refund to you any Fees for Services which you have paid for and not received.
We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.
17.3 EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your Account, we will delete any Posted Materials associated with your Account. You won't be able to recover any of this after cancellation, termination or expiry of your Account so we recommend you back up anything important to you. We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Account.
The sections titled "Your Content", "Disclaimer", "Survival" and "General" will survive any termination or expiration of these Terms, as well as any other provision which by its nature would reasonably be expected to be complied with after termination.
18.2 No party to this agreement 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.
You can't assign, novate or otherwise transfer your rights or obligations under this agreement without the prior consent of Slumber Bum.
18.4 GOVERNING LAW
This agreement is governed by the law applying in New South Wales, Australia.
The courts located in New South Wales, Australia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of those courts.
18.6 LOCATION OF SERVICES
Slumber Bum controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
You're solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.
These Terms were last updated on 11 September 2019.