Terms of service
Terms and Conditions
The following terms and conditions will apply to all uses of the www.wearenidra.com website (“the Website”), published by NIDRA a registered business under Sleepy Heads Pty Ltd (ABN 73 642 459) (“we/our”).
By viewing and using the Website, you are deemed to have accepted these terms and conditions. We reserve the right to modify these terms and conditions at any time without notice to you, with your acceptance of these modified terms to be deemed by your continuing use of the site.
Applicability
By accessing this website, you have agreed to be bound by the terms and conditions as set out below.
Governing Law
You agree that in the event of any dispute of any nature that may arise between you and us, these terms and conditions shall be governed by and construed exclusively in accordance with the law of Australia and NSW.
Copyright and Intellectual Property Rights
Except where specified otherwise, all rights (including copyright) in all text, images, content and designs incorporated in the Website are held and reserved by us. You must not download, copy, post, alter, edit, manipulate, republish or communicate such material, except in accordance with any express consent granted by us.
You agree that you will not:
(a) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website or “frame” or “mirror” any part of the Website;
(b) use code or other devices containing any reference to any part of the Website to direct other persons to any other web page;
(c) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so;
(d) create derivative works of the Website content or make the functionality of the Website available to multiple users through any means;
(e) solicit another user's password or other account information, or harvest user names, addresses, or email addresses for any purpose; or
(f) use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Trade Marks
All rights in the logos, brands, trade marks, and service marks (whether or not registered) connected with the Website, including without limitation the NIDRA trade mark are reserved by us, and may not be used or reproduced except with our written consent.
Ordering and Payment Terms
Payments may be made by credit card or direct debit, according to the terms of the relevant financial institution.
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice.
We may provide you with a password to enable access to the Website. This must be kept in a secure place, and must not be disclosed to any third party.
If you breach any material term of these terms and conditions, we may terminate our agreement with you by written notice to you.
Returns
Please choose carefully as we do not accept return of goods where you have simply changed your mind or the product was not what you expected.
For any product return, please contact:
NIDRA Customer Service
E: hello@wearenidra.com
Once proof of purchase has been established, if the product fault can be determined we will offer you a refund, exchange, or credit.
Where there is no fault found, the product will be returned to you after a fee charged for re-shipping. Where our assessment finds that there is no fault with the goods, or that the goods have been damaged due to misuse or abnormal use of the goods by you, we may require, at our option that you compensate us for any cost incurred in relation to this assessment.
We cannot offer a refund or exchange where the product has sustained damage due to abnormal use. If the product does not match its advertised description, we will provide you with a choice between a refund or a credit to the value of the item purchased.
Disclaimer
To the maximum extent permitted by law, we (in relation to ourselves and to our directors and employees) exclude all liability to any person arising directly or indirectly from using the Website and any information or material available from it.
We will endeavour to ensure that information provided by means of the Website is current and accurate, however we do not accept liability for any loss or damage you may allege arising from any errors or omissions in this information.
With the exception of content provided by third parties (see below), information included in the Website represents the views and experience of the proprietor. We have used our best endeavours to ensure that all information and details are correct at time of posting, but do not give any warranties in this regard.
Where legislation implies any condition or warranty, and prohibits provisions excluding or modifying our liability under such condition or warranty, the condition or warranty will be deemed to be included in these terms, however our liability for any breach of such condition or warranty, will be limited, at our option to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
The internet operates across insecure, public networks. You assume all risks associated with use of the Website, including risk of your computer, software or data being damaged by any virus, disabling codes, worms or other devices and defects which might be transmitted or activated via the Website, or your access to it or the downloading of files from the Website.
Third party content
The Website may feature information, data and advertising provided by third parties. This material is provided on an ‘as is’ basis. While we endeavour to ensure that information is provided by reliable sources we do not guarantee accuracy or completeness.
We do not accept liability for any information provided by any third party through the Website, or in relation to any third party properties or services. By featuring such material we do not endorse or recommend the third party or its products or services. We are not responsible for the content on any external websites which may be linked to the Website.
Marketing Materials
By subscribing to the Website, you are deemed to consent to us (and our related entities) sending direct commercial messages, by email or any other media, to you that are relevant to the goods or services you have purchased, or which you may be interested in purchasing.
On each email you receive from us, you will be given the opportunity to unsubscribe. Should you wish to unsubscribe, please send a notice to:
NIDRA Privacy Officer
E: hello@wearenidra.com
Your Submissions
We may, from time to time invite you to post comments, upload materials or otherwise make contributions to the Website. In this case, your submissions must:
-
be your own, wholly original, works or creations;
-
not reproduce material owned by another person, or infringe any right of any other person;
-
not be offensive, defamatory, obscene, threatening or otherwise be inappropriate;
-
impersonate any other person or entity, or use any fake name or attribution;
-
not contain viruses, corrupted files of other software or programs that may damage the operation of our, or any third party’s, computers.
-
not promote or advertise any third party product or service (except with our written consent); or
-
not interfere with or disrupt the operation of the Website; and
you hereby indemnify us from any cost or damage we incur as a result of your breach of these conditions.
By uploading, transmitting, posting or otherwise making available any material to us, you grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate, publish and exploit the material in any form and for any purpose.
We reserve the right to review, modify, reformat, reject or remove any material which you upload, post, transmit or otherwise make available. We are not responsible for and accept no liability with respect to such material.
Our Helpful Advice
Please take full responsibility for your own security when using the internet and do not under any circumstances disclose your bank details, credit card details, your personal username or password or other such information to any other person unless you are confident that the information will not be misused by that person.
Please ensure you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal information about you.
Jurisdiction
These terms and conditions are governed by the law in force in the state of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts appeal from them for determining any dispute concerning the terms and conditions
Notifications
If you have any questions, concerns or complaints about the Website or these terms and conditions, please contact:
NIDRA Customer Care
