Effective as of 5 September 2022

Your agreement to the terms

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing the website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the website. If you do not agree to the Terms, you are not authorised to use the website. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the website on behalf of that entity.

Changes to the terms

From time to time, Synergy Sleep may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the website. All new and/or revised Terms take effect immediately and apply to your use of the website from that date on, except that material changes will take effect thirty days after the change is made and identified as material. Your continued use of the website after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Prohibited conduct

You agree not to engage in any of the following activities:

Violating laws and rights

You may not:

• Use the website for any illegal purpose or in violation of any local, state, national, or international laws; and/or
• Violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

Solicitation

You may not use the website or any information provided through the website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

Disruption

You may not use the website in any manner that could disable, overburden, damage, or impair the website, or interfere with any other party’s use and enjoyment of the website, including by:

• Uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; and/or 
• Interfering with or disrupting any network, equipment, or server connected to or used to provide any of the website, or violating any regulation, policy, or procedure of any network, equipment, or server.

Harming others

You may not:

• Transmit content through the website that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; and/or
• Intimidate or harass another through the website; and/or
• Transmit any personally identifiable information about persons under thirteen years of age through the website.

Impersonation or unauthorised access

You may not:

• Impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the website;
• Use or attempt to use another’s personal information without authorisation; and/or
• Attempt to gain unauthorised access to the website, or the computer systems or networks connected to the website, through hacking, password mining, or any other means.

Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SYNERGY SLEEP OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SYNERGY SLEEP DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY SYNERGY SLEEP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SYNERGY SLEEP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE WEBSITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SYNERGY SLEEP BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF SYNERGY SLEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SYNERGY SLEEP IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE WEBSITE.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

To the extent authorised by law, you agree to indemnify and hold harmless Synergy Sleep, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms and/or (b) your use of the website.

Privacy policy

Synergy Sleep is committed to responsibly handling the information and data we collect through our website in compliance with our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Termination

By Synergy Sleep: Synergy Sleep may modify, suspend, or terminate the operation of, or access to, all or any portion of the website at any time for any reason. Additionally, your individual access to, and use of, the website may be terminated by Synergy Sleep at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the website at any time.

Automatic upon breach: Your right to access and use the website automatically upon your breach of any of the Terms.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.

Miscellaneous terms

Choice of law: The Terms are governed by and construed by the laws of the state of Queensland in Australia, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between Synergy Sleep and you concerning these Terms, and/or the website may only be brought in a federal or state court of competent jurisdiction sitting in Queensland, and you hereby consent to the personal jurisdiction and venue of such court.

If you are an authorised agent of a government or intergovernmental entity using the website in your official capacity, including an authorised agent of the federal, state, or local government in Australia, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such federal government entities, these Terms and any action related thereto will be governed by the laws of the Commonwealth of Australia (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the state of Queensland (excluding its choice of law rules).

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Integration: These Terms and any applicable Additional Terms constitute the entire agreement between you and Synergy Sleep relating to this subject matter and supersede any and all prior communications and/or agreements between you and Synergy Sleep relating to access and use of the website.