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Terms & Conditions

 

 

 

WEBSITE TERMS AND CONDITIONS

 

FOR

 

THE SLEEP CONCIERGE (ABN 787 548 648 09)

 

 

 

 

 

 

 

 

 

TERMS AND CONDITIONS OF USE

  1. About

    1. Welcome to www.sleepconcierge.com.au (the Website), operated by The Sleep Concierge (ABN 787 548 648 09) (The Sleep Concierge, we, us). The Website provides the User (User, you) with an opportunity to browse, purchase and participate in our consultation sessions and browse and purchase our products (the Services).

    2. Through the Services, you are able to opt in for one-to-one phone consultations (the Consultations), one-to-one extended support packages (Support Packages) or our sleep guides that allow you to view online written content, tools and templates which will provide you with the skills, knowledge and understanding of helping your babies get better sleep (the Sleep Guides) (together the Products).

    3. Access to and use of the Website, or any of its Products, is provided by The Sleep Concierge.

  2. Acceptance of these Terms

    1. Please read these terms and conditions (the Terms) carefully. By using, browsing, signing up to and/or making payment through the Website, this signifies that you have read, understood and agree to be bound by the Terms. You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by The Sleep Concierge in the user interface of the Website. If you do not agree with the Terms, you must cease use of the Website and the Services immediately.

    2. If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of the company and bind the company to these Terms.

    3. You may not use the Services and may not accept the Terms if:

      1. you are not of legal age to form a binding contract with The Sleep Concierge; or

      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

    4. By engaging The Sleep Concierge or purchasing the Products, you acknowledge and understand that The Sleep Concierge does not provide you with any specialist, professional or technical advice which includes but is not limited to legal, accounting, financial planning or tax advice. For further information, please read the Terms carefully.

    5. The Sleep Concierge reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Sleep Concierge updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. The access and use of the Website by you after The Sleep Concierge makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and Services immediately.

  3. Services

    1. By The Sleep Concierge offering its Service to you, you agree and acknowledge that:

      1. unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are exclusive of GST;

      2. The Sleep Concierge does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Service or the Products;

      3. you will remain solely responsible for assessing the implications and risks of using the Services and Products;

      4. you must use the Services and Products for your own personal use;

      5. we reserve the right to terminate your access to the Services at any time at our sole discretion and absolute discretion;

      6. the Sleep Guides, the Consultations, the Support Packages, the Products and the Services are no substitute for medical advice, and we do not guarantee against injury or death in the event of utilising any strategies taught in the Sleep Guides material or the use of our Products; and

      7. these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.

    2. You acknowledge that The Sleep Concierge has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms.

  4. User Obligations

    1. As a User, you acknowledge and agree that:

  1. you will comply with the Terms and any Sleep Guides guidelines;

  2. you will use the Website and the Services only for the purposes that are permitted by:

    1. the Terms;

    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

  3. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Sleep Concierge providing the Services;

  4. you must not:

    1. use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

    2. provide false information including false names, address and contact details;

    3. use the Website unlawfully or in a manner that violates any applicable laws, regulations or these Terms;

    4. hack into any part of the Website or attempt to circumvent The Sleep Concierge’s security or network to access data not intended for you;

    5. interfere with the servers or networks connected to the Website or the Services, or violate any of the procedures, policies or regulations of networks connected to the Website or the Services;

    6. act in a way that is unlawful, harassing, threatening, abusive, violent, discriminatory, intimidating, or predatory, or that otherwise would disrupt others’ enjoyment of the Services;

    7. copy, or produce a substantially similar, Sleep Guides to the one that was provided to you through the Products;

    8. resell or upload to another website any of part of the Sleep Guides or content on our Website and any videos, written content, tools and templates provided to you throughout the Sleep Guides and content provided to you; and/or

    9. resell the Sleep Guides and any videos, written content, tools and templates provided to you throughout the Sleep Guides.

    1. You acknowledge and agree that The Sleep Concierge reserves the right, at any time and without prior notice, to remove or disable your access to the Sleep Guides at The Sleep Concierge’s sole discretion without notice and for any reason, including, but not limited to, situations where The Sleep Concierge, in its reasonable opinion, determines that the User has violated these Terms, or may violate these Terms.

  1. The Products

    1. The Website provides you with an opportunity to purchase, view and participate in the Products.

    2. You agree and acknowledge that we are not a registered trainee organisation.

    3. You agree and acknowledge that the Sleep Guides, Consultations or Support Packages are no substitute for medical advice and does not guarantee against injury or death in the event of utilising any strategies taught in the Sleep Guides material.

    4. The Sleep Concierge may engage third parties to conduct the Consultations and/or Support Packages.

    5. By using the Products, you agree and acknowledge that:

      1. the Sleep Guides, Consultations and Support Packages are for educational purposes only;

      2. the Sleep Guides, Consultations and Support Packages are not financial, accounting, taxation, legal or medical advice;

      3. the Sleep Guides are not tailored to your specific requirements or circumstances;

      4. you are solely responsible for assessing the risks and implications associated with the Products;

      5. you have chosen to do so solely at your own risk and assume full responsibility for any injury, loss or damage that my occur;

      6. you will do your own due diligence and exercise your own independent skills, knowledge and judgement and carefully evaluate the information contained in The Sleep Concierge Products for accuracy, currency, completeness and relevance for the purposes for which it is to be used before applying any recommendation or advice contained in the Products;

      7. you alone are aware of and responsible for your child’s personal and medical circumstances and nothing in our Products is a substitute for your proper management of those conditions;

      8. we do not, at any time, provide any warranties or guarantees regarding the Products; and

      9. you must use the Products for your own personal use only and not for re-sale of any kind.

    6. Delivery of the one-to-one Consultations:

      1. The Sleep Concierge will deliver the one-to-one Consultations for [60] minutes to you via phone call or teleconference. You are entitled to one (1) Consultation per purchase.

      2. In the event that you need to reschedule the date and time of the one-to-one Consultations, you must provide us with at least one (2) business days’ notice. We do not guarantee that we will be available to provide the one-to-one Consultations at your new proposed date and time. We may instead recommend that you purchase the Sleep Guides as an alternative.

  1. The Sleep Concierge does not guarantee any outcomes and results from the use of any one-to-one Consultations and results may vary.

  2. The Sleep Concierge may change the timing or method of delivery of the one-to-one Consultations which includes but is not limited to changing the:

        1. date; and

        2. content, the amount of content or the length of the content.

    1. Delivery of the Sleep Guides

  1. The Sleep Concierge will deliver the Sleep Guides to you as a downloadable link through the Website.

  2. You acknowledge and agree that you are responsible for providing your own device to view the Sleep Guides.

  3. The Sleep Concierge does not guarantee any outcomes or results from the use of any Sleep Guides and results may vary.

  1. Payment

    1. When purchasing the Sleep Guides and/or the Consultations through the Website, you agree to the payment of the purchase price set out on the Website for the Sleep Guides and/or the Consultations (the Purchase Price) along with any applicable Goods and Services Tax (GST) obligations.

    2. The Sleep Concierge reserves the right to change or alter the Purchase Price at any time, at their sole discretion, and without notice.

    3. Payment of the Purchase Price may be made through Stripe, Paypal or other similar merchant facility payment gateways (the Payment Gateway Provider). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.

    4. Following payment of the Purchase Price being confirmed by The Sleep Concierge, you will be issued with a receipt to confirm that the payment has been received and The Sleep Concierge may record your purchase details for future use.

  2. Non-Payment

    1. In the event you elect to pay the Purchase Price by way of direct debit and/or credit card and there is a chargeback by your credit provider, The Sleep Concierge may suspend or terminate the Services immediately. You agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after thirty (30) days from the payment due date.

    2. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

    3. The Sleep Concierge reserves the right to terminate or suspend your access to the Services in the event that you fail to pay any payment pursuant to the Services.

  3. Copyright and Intellectual Property

    1. Intellectual Property Rights means all intellectual property rights and proprietary rights (whether registered or unregistered) including but not limited to: any processes, formulae, technology, systems, reports, drawings, specifications, computer software (including source codes and object codes), blue-prints, patents, discoveries, inventions, improvements, trade secrets, technical data, research data, know-how, logos, registered and unregistered trade marks and service marks (including, but not limited to, goodwill and other intangible rights), registered and unregistered designs, design rights, rights in circuit layouts, copyright and the right to keep confidential information confidential and any other rights in the nature of intellectual property rights.

    2. The Website, the Services, the Products and all of the related documents, materials, products and services of The Sleep Concierge (the Material) are subject to Intellectual Property Rights under the laws of Australia and by International Treaties. Unless otherwise indicated, all Intellectual Property Rights in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements, interactive features) are owned or controlled for these purposes and are reserved by The Sleep Concierge or its contributors.

    1. You acknowledge and agree that The Sleep Concierge exclusively and unconditionally owns all Intellectual Property Rights in all the Materials.

    2. The Sleep Concierge does not grant you any other rights whatsoever in relation to the Material.. All other rights are expressly reserved by The Sleep Concierge.

    3. The Sleep Concierge grants you a revocable, limited, non-exclusive, royalty free license to access and use the Services for personal, non-commercial, educational purposes pursuant to these Terms and conditional upon the payment of the Purchase Price. You may read and copy the Material to the extent necessary to use the Services, but you may not publish, resell or sub-licence it.

  1. Third Party Website and Content

    1. The Sleep Concierge may contain (or you may be sent via the Website) links to other websites (Third-Party Websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (Third-Party Content).

    2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

    3. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Website.

    4. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

  2. Review Guidelines

    1. We provide areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria: (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability: (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

  1. you should have firsthand experience with the person/entity being reviewed;

  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

  4. your reviews should not contain references to illegal activity;

  5. you should not be affiliated with competitors if posting negative reviews;

  6. you should not make any conclusions as to the legality of conduct;

  7. you may not post any false or misleading statements; and

  8. you may not organise a campaign encouraging others to post reviews, whether positive or negative.

    1. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

  1. Privacy

    1. The Sleep Concierge is committed to protecting your privacy as a user of our Website, Services and Products. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles established in the Privacy Act 1988 (Cth). Please read our Privacy Policy. You may query what is being collected and change your details at any time by advising us in writing via our contact details below.

    2. By using the Website, creating an account and/or accessing the Services, you consent to the collection, disclosure, use and storage of your personal information pursuant to our Privacy Policy.

  2. Customer Solicitation

    1. Unless you notify The Sleep Concierge, you are agreeing to continue to receive further emails solicitations from The Sleep Concierge and its designated in-house or third party team(s).

    2. We provide two easy ways to opt out of from future solicitations.

  1. you may use the opt out link found in any email solicitation that you may receive; and

  2. you may also choose to opt out by sending your email address to sally@sleepconcierge.com.au.

  1. Site Analytics and Tracking

    1. We use IP addresses to analyse trends, administer the Website, track user’s movement, and gather broad demographic information for aggregate use.

    2. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.

    3. This This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

 

  1. General Disclaimer

    1. You acknowledge and agree that The Sleep Concierge does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Sleep Guides, Consultations and all other Products other than provided for pursuant to these Terms.

    2. The Sleep Concierge does not provide any guarantees as to the quality of the Sleep Guides, Consultations and/or Products purchased.

    3. The Sleep Concierge does not provide any guarantees as to your success by your reliance on the information provided during the Sleep Guides and the Consultations.

    4. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    5. If you are not a Consumer (under the Australian Consumer Law), you agree that The Sleep Concierge has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Services.

    6. If you are a Consumer (under the Australian Consumer Law), The Sleep Concierge limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.

    7. Subject to this clause, and to the extent permitted by law:

  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

  2. The Sleep Concierge will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Sleep Guides, the Consultations or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    1. Using the Website, Services, Sleep Guides, Consultations or purchasing any Products is at your own risk. The Website, Services, Sleep Guides and Products of The Sleep Concierge are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Sleep Concierge (including any third party where the Sleep Guides is made available to you) make any express or implied representation or warranty about its Material, Sleep Guides or any services (including the Services of The Sleep Concierge) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

  2. the accuracy, suitability or currency of any information on the Website, Services, or any of its Sleep Guides, Consultations or related products (including third party material and advertisements on the Website);

  3. costs incurred as a result of you using the Website, Services, Sleep Guides, Consultations and any Products; or

  4. the Material or operation in respect to links which are provided for the User’s convenience;

  1. Limitation of liability

    1. You acknowledge and agree that The Sleep Concierge, its affiliates, employees, agents, contributors, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits , goodwill, or business reputation and any other intangible loss which may be incurred by you, however caused, including but not limited to, a Third Party Platform and your reliance on any information provided to you through the viewing of the Website content, Sleep Guides and using the Products, and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    2. The Sleep Concierge’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Sleep Concierge is the resupply of information, Products or Services to you.

    3. The Sleep Concierge is not responsible or liable in any manner for any site content (including the Material, Online Sleep Guides, uploaded materials, and third party content) posted on the Website or in connection with the Services, whether posted or caused by Users of the Website, by third parties or by any of the Services offered by The Sleep Concierge.

    4. Force Majeure means a circumstance beyond the reasonable control of a party and which results in that party being unable to observe or perform an obligation on time under these Terms (other than an obligation to make a payment). Such circumstances include but are not limited to:

      1. acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, fires and any natural disaster;

      2. acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;

      3. disease and a pandemic; and

      4. failure of internet and telecommunication services.

    5. The Sleep Concierge will be excused from and not liable for any delay or failure in performance hereunder, other than the payment of money, caused by reason of a Force Majeure event.

  2. Indemnity

    1. You agree to indemnify The Sleep Concierge its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and/or Products, including but not limited to:

      1. any misuse of the Website, Products or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;

  1. your breach of the Terms, including any misuse of the Materials; or

  2. any activity which you engage in on the Website or through The Sleep Concierge.

    1. This indemnity will survive termination of the Terms.

  1. Termination of Services

    1. The Terms will continue to apply until terminated by either you or by The Sleep Concierge as set out below.

    2. The Sleep Concierge may at any time, terminate the Terms with you if:

      1. you have breached any provision of the Terms or intend to breach any provision;

      2. The Sleep Concierge is required to do so by law;

      3. The Sleep Concierge is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the Services;

      4. the provision of the Services to you by The Sleep Concierge is, in the opinion of The Sleep Concierge, no longer commercially viable;

      5. if you have used the Services:

        1. in breach of any law;

        2. in a way that is misleading or deceptive;

        3. in a way which is unreasonable as determined by The Sleep Concierge at its absolute discretion; or

        4. in a manner which can or does bring The Sleep Concierge into disrepute or could damage The Sleep Concierge’s reputation as determined by The Sleep Concierge at its absolute discretion.

    1. Subject to local applicable laws, The Sleep Concierge reserves the right to discontinue or cancel your access to the Services or Products at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages The Sleep Concierge’s name or reputation or violates the rights of those of another party.

    2. Upon the termination of these Terms, all of the legal rights, obligations and liabilities that you and The Sleep Concierge have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.

  1. Dispute Resolution

    1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  1. A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.

  2. On receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

  3. If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.

  4. The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing.

  5. It is agreed that the mediation will be held in Melbourne, Australia.

  6. For the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communications.

  7. All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

  8. If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Dispute Party may ask the mediator to terminate the mediation and the mediator must do so.

  9. In the event that the Dispute is not resolved at the conclusion of the mediation, clause 19 applies.

  1. Arbitration and Legal Proceedings

    1. In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

  2. Venue and Jurisdiction

    1. In the event of any dispute arising out of or in relation to the Website or the Products, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

  3. Governing Law and Jurisdiction

    1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby will be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns.

  4. Notice

    1. The Sleep Concierge may provide any notice to you under the Terms by sending a message to your email address. The notice provided by The Sleep Concierge to you by email will be deemed to have been properly given on the date The Sleep Concierge sends the email, regardless of whether you have received the email.

    2. Unless specified otherwise, any notices provided by you to The Sleep Concierge must be in writing and sent to sally@sleepconcierge.com.au.

  5. Entire Agreement

These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

  1. Severance

If any part of the Terms is found to be void or unenforceable, that part will be severed and the rest of the Terms will remain in force.

  1. Contact

If you wish to notify us about anything relating to these Terms, please contact us at sally@sleepconcierge.com.au.