Terms & Conditions
The Sleep Guardian
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND/ OR THE PRODUCTS.
TERMS & CONDITIONS
Welcome to The Sleep Guardian www.sleepguardian.com.au
The Sleep Guardian owns, operates and provides this Website and its related Products subject to the following terms and conditions of use of this Website.
TSG reserves the right to revise and update these Terms and Conditions by making any changes immediately without notifying you except by publishing the amended Terms and Conditions on TSG’s Website. We may revise these terms from time to time. The revised terms will take effect when they are posted on the Website and your continued usage of this Website after any changes to these Terms and Conditions will mean you accept those changes and/or the Products.
In these Terms and Conditions:
“TSG”, “us”, “we”, and “our” means The Sleep Guardian, its director/s, employees and agents, its subsidiaries, its holding companies or subsidiaries of such holding companies,
“Website” means TSG’s website www.sleepguardian.com.au
“You”, “you” and “your” refers to anyone who visits and/or uses this Website and/or the Products, and accepts these Terms and Conditions.
“Website Materials” means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements.
“Personal Property Securities Register” means the Personal Property Securities Register established by the Personal Property Securities Act 2009 (Cth) and regulations made under it.
“Products” means the products available for sale by TSG (including its “The Sleep Guardian” and/or “Invisible Retainer” range) and/or any other products available for sale through the Website.
“Terms and Conditions” means the terms and conditions set out in this document.
Images of people, places and/or Products posted on this Website are either the exclusive property of TSG or are used herein with the express permission of TSG. Unless otherwise noted, all content included on this Website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of TSG or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws. The compilation of this Website is the exclusive property of TSG and is protected by Australian and international copyright laws. Any unauthorised use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Website can be made only with the prior written and express authorisation of TSG. For further information on how you may obtain the authorisation to use any materials or content on this Website, please contact TSG by using the contact details provided in these Terms and Conditions. Please note that TSG reserves all of its rights in this regard.
All trademarks, trade dress and service marks (whether registered or unregistered) and their respective designs and/or logos on this Website and used in relation to the Products are the exclusive trademarks and/or registered trademarks of TSG or otherwise licensed by the registered holders of the trademarks. The trademarks, trade dress and service marks of TSG may not be copied, imitated or used, in whole or in part, without prior written permission of TSG. All page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of TSG, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TSG. All other trademarks, registered trademarks, product names and company names or logos used on this Website and/for the Products are the property of their respective owners and have been licensed by TSG for the use of TSG only. You may not use any trademarks, trade dress, service marks or intellectual property of TSG or its related companies, nor may you place any Meta tags or any other "hidden text" utilising the name of TSG or its related companies, trademarks, or product names without our clear express written consent.
LICENSE AND SITE ACCESS
We grant you a limited license to make personal use only of the Website for consideration and/or purchase of the Products. Such grant does not include, without limitation: (a) any resale or commercial use of this Website or any of the contents of this Website; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Website and any of the contents of the Website; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website or to collect any information from the Website or any other user of the Website.
You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include: accessing data unlawfully or without consent; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Linking to our Website is prohibited.
Links on our Website may direct you to third party websites, which are subject to their own terms and conditions. Your use of those websites is solely at your own risk and expense and TSG accepts absolutely no responsibility and makes no claims, representations or warranties with regards to the use, quality, content, nature or reliability of any third party websites.
If you use this Website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the Website, you agree that any information you provide to us will be current, accurate and complete. TSG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TSG or another party due to the unauthorised use of your account and/or password either with or without your knowledge. You agree to notify TSG immediately of any unauthorised use of your account and/or password(s), or other breach of security.
From time to time TSG may offer a newsletter, or product or service information updates. By accepting these Terms and Conditions, you consent to TSG using your email address to send you TSG newsletters or product or service information updates (as applicable). TSG may also use your email address to send updates to you from time to time about changes to TSG’s Products.
CONDITIONS OF SALE
TSG will not be liable or otherwise responsible for any failure of delivery, shortage, defect or damage or related direct, indirect, special or consequential losses, damages, liabilities, costs or expenses sustained by you or any other party in respect of any delivery issues, losses or defects within 48 hours of delivery of the Products to your nominated location (given all deliveries are completed through Australia Post).
In the event however that your delivery of the Products is lost or fails to be delivered, TSG will use reasonable endeavours to recover the Products and (at its discretion) agree to provide you with a replacement Product. The postage fee for the delivery of any such replacement Product must still be paid by you prior to the replacement Product being delivered to you.
TSG will access your impression and finish the appliance to cover all your teeth in the top arch.
Your Product may include an impression kit, to construct your Product. If additional materials are required (at its discretion) TSG will cover the cost of the replacement impression material (including any postal costs) on one occasion (unless otherwise advised by TSG).
If you require additional materials however following the provision of replacement impression materials by TSG, you will be required to pay any delivery costs associated with the provision of any additional materials.
You must return any impression kit to TSG within three (3) months of receipt of the impression kit by you from TSG. In this regard, TSG has no obligation to complete the order and reserves the right to charge you an additional fee (to the value of the Products – as determined by TSG) for any return of the impression kit by you outside this three (3) month period and prior to constructing the Product for you.
As set out below under the Warranties, you acknowledge that the Products are being supplied to you based on your individual needs and that you have made your own individual decision in determining which of the Products suits your dental issues.
You further agree that your use of the Products will only occur in accordance with these Terms and Conditions and in line with any written instructions provided by TSG for the Products.
Ownership of and title to the Product does not pass to you until the price payable for the Product, including all charges, has been paid in full by you and any such payment has been processed and confirmed by TSG.
These Conditions of Sale may change from time to time and you are required (within reason) to revisit these before placing any order for Products to ensure that these Conditions of Sale have not changed.
TSG reserves the right to accept or reject your request for the Products for any reason, including, without limitation, an error in the product description or the price posted on the Website for the Products, the availability of the Products or an error in any order for the Products. Your contract with TSG for any Website purchase of the Products will only come into existence when TSG forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of delivery and/or an invoice.
TSG reserves its rights to register its interest in the Products on the Personal Property Securities Register.
TSG will provide you with a tax receipt for any purchase of the Products from the Website (invoice).
Acceptable payment methods for any purchase of the Products include all major credit cards and/or electronic bank transfer unless otherwise agreed with TSG. Payment will be made in full on completion and processing of the sale of the Products by TSG.
Products purchased will not be delivered until such time as full and complete payment for the Products has been received by TSG.
In the event of a default by you on the purchase of any Product, TSG reserves its right to terminate the proposed sale of the Products to you and suspend and cancel the delivery of the Products to you.
The Products are not health fund rebatable.
A minimum of 48 hours’ notice of cancellation is required for any purchase of the Products and will only be accepted subject to written confirmation being received from you and responded to by TSG. TSG reserves the right to levy a fee of up to 50% of the total purchase price of the cancelled sale of the Products to cover any administrative costs at its complete discretion and by notifying you in writing of its intention to do so. Any Products opened and/or used by you will not be able to be returned and/or refunded.
Money Back Guarantee
We extend to you the right to return to us any of the Products and to receive a refund to the value of the Products’ purchase price minus postage and impression kit fee, in accordance with the following guarantee (Money Back Guarantee).
The Money Back Guarantee is only valid for an initial seven (7) day period following the receipt of the Products by you (Guarantee Period). Following the Guarantee Period, the Goods will be deemed to have been accepted by you.
If however within the Guarantee Period you are not satisfied with the Products, you may seek a refund by notifying us in writing (Notice), prior to the expiry of the Guarantee Period. You must then return any relevant Product within ten (10) days of the Notice having been provided. We may then elect (at our total and complete discretion) to refund to you an amount equal to the amount previously paid by you for the Products (minus postage and impression kit fee).
For the avoidance of doubt, we reserve the right to refuse to provide a refund in accordance with the Money Back Guarantee for any reason.
Unless otherwise expressly stated, the price and any other sums payable for any Product is inclusive of GST.
Given GST is payable by you for any Products purchased from TSG under these Terms and Conditions, you agree to pay to TSG an additional amount that is equal to the amount payable by TSG for the relevant supply multiplied by the prevailing GST rate. This additional amount is payable at the same as the purchase price for the relevant supply to which the additional amount rates.
In the event of a taxable supply, TSG will ensure any such supply is provided for in any Invoice provided to you.
CREDIT CARD AUTHORISATION
The first charge will occur when you place your first order. If the charging falls due on a non-business day, it will be charged from your credit card account, however your order will not be dispatched until the next business day.
Notwithstanding any of these Terms and Conditions, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this website for any reason or no reason. Upon termination, these Terms and Conditions will still apply.
MATTER YOU MAY SUBMIT TO THE COMPANY
From time to time TSG may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, TSG welcomes your comments regarding our merchandise and Products, including our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to TSG must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, offensive or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to TSG will become, upon your submission, the sole and exclusive property of TSG. TSG shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Website, you are agreeing and you do agree that TSG has the right to use such material in any way, including as outlined above and for promotional and advertising purposes, without compensation of any kind to you. If you choose to send material to us, you are forever assigning all rights in such original creative materials to TSG. By submitting any materials of any kind to TSG, you represent and warrant that you hold all necessary rights, titles and licenses to such materials and that your submission of such materials to TSG does not and will not violate or infringe the rights of any third-parties.
TSG has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, TSG reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by TSG necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children.
TSG does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorised company spokespersons, and their views do not necessarily reflect those of TSG.
This Website and/or the Products are designed for and intended for use by adults. If you are under 18, you may use this Website and/or the Products only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Website and/or the Products by children, minors and others under your care. You agree to be responsible for their use of this Website and/or the Products. Any purchase of the Products is only available for sale to individuals who can make legally binding contracts. By placing any order for the Products you are verifying to TSG that you are able to make a legally binding contract.
www.theknightguard.com.au is the generic URL for the country specific to TSG.
This Website is provided "as is" and TSG excludes all warranties of any kind to the fullest extent permissible by law. TSG does not guarantee the accuracy or completeness of the Website or any information or Website content or that it is free of defects or viruses and we accept no responsibility for viruses and defects.
It may be necessary to interrupt the services provided on TSG’s Website in order to upgrade or maintain them, or for other circumstances beyond TSG’s control. Should TSG need to interrupt the availability of Products on this Website, TSG will use its reasonable endeavours to minimise any interruption to the services.
The Competition and Consumer Act 2010 and other statutes may impose warranties, conditions or obligations upon TSG which cannot by law be excluded (or which can only be limited to a limited extent by law). Other than as expressly provided for in these Terms and Conditions, TSG exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
Except as expressly otherwise provided in these Terms and Conditions, TSG shall not be liable for any loss, harm, injury, death or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from the Products, Website or services provided by TSG to you or for any other reason.
To the extent that TSG are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms and Conditions or for any other reason, such liability is limited to the amount of the price of the Products concerned that you have actually paid to us.
If Products are returned by you, or if you make a claim in writing to TSG in relation to the Products, Website or associated services provided, TSG may, in its discretion, repair or replace the Products or refund the price of those Products to you, provided that:
you must supply the date and number of any invoice relating to the Products; and
we must be given a reasonable opportunity to inspect the Products.
TSG may agree to a higher limitation of liability with you than the limit noted above, but such agreement will only be effective if recorded in writing and signed on TSG’s behalf by an authorised signatory.
While every effort has been made to supply the Products in accordance with the specifications and/or any quote or estimate provided to you for the Products, TSG will not be liable for any loss or damage arising from any representations or warranties, either express or implied and to the extent permissible by law we will not be liable for the merchantability or fitness for a specific purpose of the Products.
You agree that this Website is provided free of charge. TSG shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Website. TSG may from time to time, publish links to other third party websites on this Website. Contents, hyperlinks or information held on other sites is not the responsibility of TSG. TSG shall not be held liable for any information held on websites which may have links to or from this Website and which are not maintained and controlled by TSG. TSG does not endorse any material on those websites and does not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor does TSG warrant that material on other websites does not infringe the intellectual property rights of any other person.
www.theknightguard.com.au is intended for use within Australia only unless otherwise specified. TSG makes no representation that any product or service referred to on this Website is appropriate for use, or available, outside of Australia. Those who choose to access this site outside of Australia are responsible for compliance with local laws to the extent that local laws are applicable.
By using this Website and/or the Products, you consent to the Terms and Conditions and disclaimers, as defined by TSG. TSG reserves the right to change these conditions from time to time without giving you prior notice.
Your use of any materials or information provided on this Website and/or the Products is entirely at your own risk. We assume no duty of care to you with respect to this Website and/or the use of the Products.
Each Product is provided with a one (1) year warranty with respect to the manufacturing and any material defects.
You acknowledge that the Products are being supplied to you based on your individual needs and that you have made your own individual decision in determining which of the Products suits your dental issues. Unless otherwise provided in these Terms and Conditions, TSG will have no liability to you whatsoever in respect of your selection of any of the Products.
The warranty set out in these Terms and Conditions is strictly conditional upon the following:
the impression kit checklist being fully completed by you and being fully accurate;
you complying fully with each and every instruction, procedure and requirement of TSG including (but not limited to):
reading, acknowledging and agreeing to the Terms and Conditions of TSG;
reading, acknowledging and agreeing to the warranties and disclaimers provided in this document;
complying with each step online and when in receipt of the kit;
In particular (in relation to the Products) that
you do not wear fixed orthodontics;
you do not at any time during the process have any loose teeth;
you do not at any time during the process have any loose crown(s);
you do not at any time during the process have any loose bridge(s);
at the time the impression was made by you, all dental appliances had been removed;
you have viewed the online video on the Website in full prior to making the impression;
you view the online video on the Website in full during the process of and in real time with making the impression; and
if you are under 18 years of age, an adult has fully supervised you at each step of the process.
The process of obtaining the impression and the provision of the Products by TSG is strictly subject to full compliance by you with each and every step and requirement of TSG and any failure by you to do so vitiates any warranty provided by TSG.
The provision of information by you is strictly and solely your responsibility and will be relied upon by TSG in relation to the Products.
Time estimates for provision of the Products are strictly estimates, not a contractual term. TSG will use reasonable endeavors to meet such time frames but it is not obliged to comply with them.
The health advice and Products presented by TSG or any of its employees, agents, directors and other associated third parties are in no way intended as a substitute for medical consultation. Dental health is a matter that varies from person to person. You should consult your dental professional before commencing any dental health program or before purchasing the Products.
All information provided on the TSG website is for promotional or educational purposes only. The information provided is not provided as personal advice, nor is the information specific to your own personal situation. If you use the Products or follow any advice shown by TSG you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge us, our agents, directors and any third party associated with TSG from any and all claims or causes of action, known or unknown from any claim whatsoever including (but not limited to) death, injury and/or property damage.
You (and your related parties) agree to defend, indemnify and hold harmless TSG, our officers, related entities, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Website and/or Products or your breach of any of these Terms and Conditions.
By accessing, browsing or using this Website, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and TSG or its related companies. Regardless of where you access this Website, you agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed and adjudicated only in the federal or state courts located in Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and TSG or any of its related companies.
These Terms and Conditions constitute the entire agreement between you and TSG with respect to this Website and the Products and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. The rights provided in these Terms and Conditions are cumulative and not exclusive of any other rights available in any other instrument or at law. These Terms and Conditions are in addition to and are not prejudiced by or merged in any right a party now has or may have. If any of these Terms and Conditions are illegal, void or unenforceable, they will be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining Terms and Conditions. Failure to exercise or delay in exercising, any right, power or remedy does not impair or operate as a waiver of any right, power or remedy. No single or partial exercise of any right, power or remedy precludes its further exercise or the exercise of any other rights, powers or remedies. Any waiver is effective only to the extent that it is in writing.
These Terms and Conditions can only be amended or varied by TSG at its own discretion and may not be amended or varied in any other manner.
TSG may assign or transfer its rights or obligations under these Terms and Conditions at its own discretion.
You are unable to assign any of your rights in any purchase of the Products without the prior written permission of TSG.
If any part of these Terms and Conditions is prohibited, invalid, unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms and Conditions or effecting the validity or enforceability of that provision in any other jurisdiction.
If you have any questions or suggestions regarding these Terms and Conditions, please contact us at:
Name: The Sleep Guardian
Place of Registration: Australia
Phone: +61 03 9090 7993