Welcome to the backtosleep.com.au web site. The following document contains the Terms and Conditions that govern the use of this website. They describe your rights and responsibilities and what you can expect from ‘back to sleep®’. Please take a few minutes to review these Terms and Conditions. Your use of this web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this web site.

‘back to sleep®’ reserves the right to add to, delete or change these Terms and Conditions because of frequent changes in Internet technology and applicable law. As such, you should check these terms and conditions from time to time for such changes.

Copyright/Trademark Information

This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2011 backtosleep.com.au. The ‘back to sleep®’ trademark and logo are trademarks of backtosleep.com.au. All other trademarks are the property of their respective owners, who are not associated with backtosleep.com.au. Permission to use documents delivered from this World Wide Website and/or server and related graphics is restricted. The name of backtosleep.com.au or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

Membership Registration

Products and services are only available after you have registered on the backtosleep.com.au website. By registering on the backtosleep.com.au website, you are stating that you over 18 years of age or a minor with parental consent to use the backtosleep.com.au website. As part of this registration process, you agree to provide true, accurate, current and complete information about yourself. This information must be kept accurate and up-to-date. When you carry out the registration process you will have to enter a specific email address for your username and also password. It is your duty to keep your username and password safe at all times and not disclose them to anyone. Any breach of security or any unauthorised use of your username and password must be notified to us immediately.

backtosleep.com.au member may not have more than one active membership, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as Gift Vouchers / Gift Certificates, promotional benefits and the value therein.
Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
As a backtosleep.com.au member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.

Submissions

We welcome your comments regarding this website,however, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to ‘back to sleep®’ shall be and remain the exclusive property of ‘back to sleep®’. Your submission of any such Comments shall constitute an assignment to ‘back to sleep®’ of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ‘back to sleep®’ will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Communication from ‘back to sleep®’

As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offers and alert emails, we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.

Tell-A-Friend/Product-Review Messages

The ‘back to sleep®’ message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited in messages include:

• The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or ‘back to sleep®’ rule or policy.
• The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• The impersonation of any person or entity in any part of a message.
• You are solely responsible for the content of your messages and ‘back to sleep®’ assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine

in our sole discretion violates these guidelines or is otherwise harmful to us, other ‘back to sleep®’ guests or any third party. ‘back to sleep®’ reserves the right to purge the content you provide at any time.

Colours

We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst ‘back to sleep®’ makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

Indemnification

You must indemnify and hold ‘back to sleep®’ and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify ‘back to sleep®’ under this Section, ‘back to sleep®’ will have the right to control the defense, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without ‘back to sleep®'s' express written permission.

Limitation of Liability

In no event shall ‘back to sleep®’ or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Victoria without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of ‘back to sleep®’. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and ‘back to sleep®’ are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.