TERMS & CONDITIONS
This website is owned by and its content is published by, The Goodnight Society ACN 164 006 875.
In these Terms & Conditions, ‘we’, ‘us’ or ‘our’ means The Goodnight Society and includes directors, employees and agents; and ‘you’ or ‘your’ means the person who accepts these Terms & Conditions, by using this website.
We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page from time to time for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS & CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
- ONLINE STORE USE
This website is primary a shopping website for ordering products from The Goodnight Society. To purchase goods, you may create an account or check-out as a guest. If you choose to check out as a guest, the full functionality on this website may not be available to you including order history, order status, address book and receipt of additional marketing communications.
This website is intended for use by persons aged 18 years or older. If you are under 18, you are advised to ask a parent or guardian for consent before purchasing any products from this website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You are also obliged to:
- not tamper with this website, misrepresent your identity, use buying agents or conduct fraudulent activities on the website.
- not copy or adapt any materials without express written permission.
- not transmit any worms or viruses or any code of a destructive nature.
- not to use any data listed on this website for commercial purposes.
- access this website for personal use only.
A breach or violation of any of the Terms & Conditions will result in an immediate termination of your Services.
- YOUR AUTHORITY AND EMAIL ADDRESS
You authorise The Goodnight Society to collect, store, disclose and share information about you with any consultant providing services to us for the purpose of:
- providing marketing information to you about products and services offered by us, and
- monitoring the quality and standard of service we provide to you.
You email address will only be recorded if you sign up to our newsletter, send us a message seeking information, register for a competition or promotion, or make a purchase with us. Your email will only be used for the purpose for which you have provided it unless you agree otherwise and, unless legally required to do so, we will not disclose it without your consent.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we take all reasonable steps to make sure that the information on this website is correct, we do not warrant that it is complete or definitive. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct these and to change or update information or cancel orders if any information in is inaccurate at any time without prior notice (including after you have submitted your order).
Our right to refuse or cancel any orders will apply whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Goodnight Society will immediately issue a credit to your credit card account in the amount of the charge.
Any reliance on the material on this site is at your own risk.
- MODIFICATIONS TO SERVICE AND PRICES
Prices displayed on the site are shown in Australian Dollars (AUD) and include GST, where applicable. Unless otherwise stated, any accessories shown in any images of products are not included in the price.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.
We have made every effort to ensure that the colours and images of our products are accurately displayed; however we cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
- ORDERING FROM US
Your receipt of an order confirmation does not indicate our acceptance of your order and it does not confirm our offer to sell. The Goodnight Society has the right to accept or decline your order at any time after receipt of your order. At our discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If we change or cancel an order, we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method of payment received.
If you choose to create an account, you are responsible for maintaining the confidentiality of your account or password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, and you warrant that all details you provide to us are accurate and correct, that the information you have provided to us is correct at the time of ordering and that you accept responsibility that fulfilment of your order is dependent on the information you have provided to us.
The Goodnight Society cannot be held responsible for an incorrect address being entered on your order. If you complete your order and then notice that the address details are incorrect, please contact us immediately.
- OVERSEAS ORDERS
The Goodnight Society does not convert the total price of orders into other currencies. We will bill your credit or debit card or PayPal account in Australian Dollars and the card company or PayPal will convert the charges for you. If you have any questions about currency conversions please contact your bank or financial institution. The actual exchange rate applied will be subject to the exchange rate applied by the customer’s credit or debit card company.
Customers outside Australia may also be liable for any customs and import duties, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country. Therefore we suggest that you check the requirements in your country before placing an order. We will not be liable for any customs or import duties.
- GIFT VOUCHERS
Gift vouchers are valid for one use only. Gift vouchers cannot be reloaded and may only be refunded if there is a remaining amount that, in our reasonable opinion, cannot be conveniently used. Any refunds will go to the purchaser of the voucher, not the recipient. Vouchers will expire one year after the purchase date. Vouchers do not cover any postage costs.
- LINKS TO THIRD PARTY WEBSITES
This website may contain links to sites maintained by other organisations (“Third Party Websites”) that are not affiliated with us. We do not take any responsibility for the material or functionality of Third Party Websites, and are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- YOUR SUBMISSIONS, COMMENTS & FEEDBACK
If you send submissions to us, either requested or unrequested, including comments, photos, creative ideas, suggestions or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that you forward to us. We are and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay compensation for any submissions; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The Goodnight Society does not condone or encourage Spam. Spam is ‘unsolicited commercial electronic messaging’. People who purchase or subscribe to goods or services over the Internet or by email may attract an unsolicited electronic message or advertisement.
In accordance with the Spam Act 2003 (Cth), we will only send commercial electronic messages with your express or inferred consent to receive it. All requests to unsubscribe will be dealt with promptly.
- LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall The Goodnight Society be liable for any personal injury, or any incidental, special, indirect or inconsequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the products, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if The Goodnight Society has been advised of the possibility of such damages. This applies to:
- use of this website, any other hyperlinked website, materials on this website, or Third Party Material.
- the transmission of any computer viruses and other harmful and destructive material.
- any inability to access or use the website due to technical reasons beyond our control.
You agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Where liability cannot be excluded, the maximum liability of The Goodnight Society for a breach of any term, condition or warranty implied by law or otherwise is limited to:
- resupply of the relevant advice, service, recommendation or information, or
- payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.
You agree to indemnify, defend and hold harmless The Goodnight Society and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- AUSTRALIAN CONSUMER LAW
In Australia, statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth) give you rights which cannot be excluded, including consumer guarantees as to merchantability, fitness for purpose, supply by description, repairs, and title. The preceding Terms & Conditions are subject to the rights you have under that legislation.
If The Goodnight Society is liable to you under the Competition and Consumer Act 2010 (Cth) or similar state legislation, to the extent to which The Goodnight Society is entitled to do so, The Goodnight Society limits its liability in respect to any claim under those provisions to: in the case of goods, at our option: the replacement of the goods or the supply of equivalent goods; the repair of goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods required; and, in the case of services, at our option: the supply of the services again; or the payment of the cost of having the services supplied again.
Any rights not expressly granted in these Terms & Conditions are reserved by The Goodnight Society.
These Terms & Conditions and your use of this website are governed by the laws of Australia.
Questions about these Terms & Conditions can be sent to firstname.lastname@example.org