Terms and conditions

This Website is owned and operated by Australian Comfort Group Pty Ltd (trading as Sleepyhead).

Your access to and use of this Website is subject to these Terms of Use. Any other terms, conditions, notices and disclaimers contained elsewhere on this Website also form part of these Terms of Use. In consideration of us allowing you to access and use this website, and by virtue of you doing so, you agree to be bound by these Terms of Use. We reserve the right to amend the Terms of Use at any time. The most recent version of these Terms of Use can be accessed via our Website.

The Terms of Use are effective until terminated by Australian Comfort Group Pty Ltd. We may terminate these Terms of Use and your access to the Website at any time without notice. In the event of termination you are no longer authorised to access the Website, but all restrictions imposed on you and all disclaimers and limitations of liability etc set out in these Terms of Use will continue to apply.

Limitation of Liability

Other than as required under applicable laws which cannot be excluded or our product warranties which have been registered with us via this website, all warranties, guarantees, representations, duties (including negligence), terms and conditions, whether express or implied, relating to this website, its reliability, accuracy or completeness or any Content (as defined below), product, service or recommendation (such as recommendations via the ‘Comfort Selector’ function) obtained from this website are excluded to the maximum extent permitted by law, and under no circumstance will Australian Comfort Group Pty Ltd be liable in any way for any loss or damage whatsoever suffered by any person arising from accessing or using this website (or being unable to access or use this website) or reliance on Content obtained through this Website, or reliance on any Content, product, service or recommendation obtained from this Website. It is the responsibility of the user to independently evaluate the accuracy, completeness, appropriateness or usefulness of any Content, opinion, advice or recommendations obtained through this Website, or obtained from a linked website.

Damage to Computer Systems and Data

We will not be liable to you or anyone else for loss, damage or corruption to data or any interference with or damage to your computer systems (including all devices) arising from or in connection with or during your access and/or use of this Website or a linked website.
You must take your own precautions to ensure that this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with, corrupt or damage the computer system(s) (including all devices) with which you have accessed this Website or any data you may have stored anywhere.

We do not warrant that your access to the Website will be uninterrupted or error free or that any defects will be corrected.

Changes to Website and Terms of Use

We may, from time to time, change or add to this Website (including these Terms of Use) or the Content, products and services without notice. We may also temporarily suspend this Website for maintenance or other reasons. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date or ceases to be available.

Products and Services

The products and services described in this Website can be withdrawn or varied at any time and without notice. Some products and services may not be available in Australia or available at all retail stores. Users of this Website are expected to make their own independent inquiries or investigations regarding the availability of products in-store. Recommendations of nearby stores via the ‘find a retailer’ function are indicative only, particularly because in-store displays / inventories change regularly and because retail stores are owned and operated by independent third parties (see below).

Pricing

Except as otherwise noted, prices shown on this Website are recommended retail prices only and may differ to those offered in store. In any event, prices may vary from state to state and from store to store and they may be subject to change without notice. Where applicable, prices are inclusive of GST.

Independent Retailers

The Australian Comfort Group Pty Ltd is a manufacturer and wholesale distributor of mattresses and bedding products. Our products are available for purchase through independent retail stores. These retail stores are not owned or controlled by us. Nor do they act as our agents. They are owned and operated by independent parties for whom we are not responsible. They are not authorised to make representations or otherwise act on our behalf. Not all retail stores stock all of our products. The retail stores are responsible for independently determining their own advertising, marketing and promotional activities as well as their own retail pricing (any recommended retail prices provided by us are simply recommendations only - see above). References on this website to independent retailers (such as via the ‘find a retailer’ function) are provided purely for consumer convenience only and should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of those retail stores.

Copyright and IP

The information and material contained in this Website (including all site design, data, text, code, software, music, sound, images, graphics, artwork, video/audio communications, multimedia content, digital downloads, interfaces, logos, button icons, communications, or any other material as well as the selection, arrangements or compilation thereof) (Content) is subject to copyright and other intellectual property rights which are owned by Australian Comfort Group Pty Ltd or our suppliers.

You are provided with access to this Website and the Content only for your personal use, and not for commercial uses.

You may not, in any form or by any means commercialise any Content, products or services obtained from any part of this Website. You may only download a single copy of this Website and where necessary use this copy as a reference for personal reference only without addition, alteration or deletion of the relevant Content or any copyright, trade mark or other proprietary notices. Neither title nor the intellectual property rights shall be deemed to be transferred to you. The Content on this Website is not provided for professional use. All implied licences are excluded. You must not use, modify, deep-link, frame, reverse-engineer, decompile, convert, copy, reproduce, republish, resell, upload, post, transmit, distribute, or commercially exploit in any way, any of the Content, the Website or any associated intellectual property by any means (electronic, mechanical or by information retrieval systems) without our express, prior written permission, regardless of the intended use. You must not otherwise copy, adapt, reproduce, store, distribute, transmit, print, post, display, perform, publish, reproduce, frame, decompile, link to or create derivative works, alter, modify, download, upload, broadcast, sell or transfer any Content from any part of this Website unless it is expressly permitted by these Terms of Use or with the written consent of Australian Comfort Group Pty Ltd.

You may not use any meta tags or any other hidden text, or use any sponsored or paid Google or other search engine sponsored searched results or links that utilise keywords that directly relate to any of our intellectual property without our express, prior written permission. You also agree not to directly or indirectly challenge our intellectual property or proprietary rights, or assist any other party in doing so.

Trade marks

All trade marks and Australian Comfort Group Pty Ltd product names referred to in this Website are trade marks owned by or licensed to Australian Comfort Group Pty Ltd or its related entities and must not be used without our written consent.

Product and company names (other than those owned by or licensed to Australian Comfort Group Pty Ltd or its related entities) that may be displayed on this website from time to time may be the trade marks of other people or entities and therefore must not be used without the consent of the owner of the relevant trade mark owner.

Nothing contained in the Website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Website without the express written permission of Australian Comfort Group Pty Ltd, the applicable related entity or any other relevant person or entity. All implied licences are excluded.

Linked websites

This Website may contain links to  other websites. These links are provided for convenience only. Links to these other websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the websites or of any information, products or services referred to on those other sites, unless expressly stated on this Website.

The linked websites are not under the control of Australian Comfort Group Pty Ltd and we will not be responsible for the contents or accuracy of the information or other material on any linked website or any acts or omissions by any owners or operators of those websites or any businesses to which they relate. By linking to third party websites, we are not authorising the reproduction of any material on those linked websites. We may potentially receive payments from third parties as a result of you linking to their websites via this website.

Privacy

Please see our separate Privacy Policy

Miscellaneous

These Terms of Use are governed by the laws of the State of Victoria, Australia. Any person accessing or using this website irrevocably submits to the non-exclusive jurisdiction of the courts of the State of Victoria and courts competent to hear appeals from those courts.
If any provision of these Terms of Use is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
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