TERMS + CONDITIONS

Welcome to boopbeds.com (the 'Website'), operated by Boop Beds Pty Ltd ACN 664 264 608 (‘Boop’).

 

Our Website provides you with an opportunity to browse and purchase our products that we have available for purchase through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

 

Access to, and use of the Website, or any of its associated Products or Services, is provided by Boop. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, you acknowledge and agree that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, please stop using the Website, or any of our Services immediately.

 

Boop reserves the right to review and change any of the Terms by updating this page at any time at its sole discretion. Boop will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

 

2. Acceptance of the Terms

 

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Boop in the user interface.

 

You agree that you have familiarised yourself with their terms and conditions and privacy policies by engaging the Purchase Services component of Boop’s offering.

 

You also acknowledge and agree that, as part of delivering our Purchase Services, Boop leverages the support of third party providers, including payment providers and shipping companies.

 

3. Registration to use the Purchase Services

 

To access the Purchase Services, you must register as a user of the Website. During the registration process, or as part of your ongoing use of the Purchase Services, you may need to provide personal information (such as identification or contact details), including your email address, postal address, and other contact details.

 

You guarantee that any information you provide to Boop during registration will always be accurate, correct, and up to date.

 

Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

 

You may not use the Purchase Services and may not accept the Terms if:

• you are not of legal age to form a binding contract with Boop; or

• you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

 

4. Your obligations as a Member

 

As a Member, you agree to comply with the following:

• use the Purchase Services only for purposes that are permitted by the Terms;

• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

• you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

• any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to accept responsibility for all activities that occur under your account or password.

• to immediately notify Boop of any unauthorised use of your password or email address or any breach of security of which you have become aware;

• your access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Boop providing the Purchase Services;

• not to engage in any of the following prohibited activities: copying, distributing, or disclosing any part of the Service in any medium; using any automated system, including but not limited to 'robots,' 'spiders,' and 'offline readers,’.

• not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; and

• agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Boop for any illegal or unauthorised use of the Website.

 

5. Purchase of Products and Returns Policy

 

By using the Purchase Services to buy the Product through the Website, you agree to pay the purchase price listed on the Website for the Product (the 'Purchase Price').

 

Payment of the Purchase Price can be made through third-party Payment Gateway Providers on our website (the 'Payment Gateway Provider'), such as Stripe or similar providers. By using their services, you acknowledge and agree that you have familiarized yourself with their terms and conditions and privacy policy.

 

Once Boop confirms payment of the Purchase Price, you will receive a receipt to confirm the payment has been received. Boop may record your purchase details for future reference.

At Boop's sole discretion, a refund may be provided for the return of Products within 14 days, provided the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are responsible for any postage and shipping costs associated with any refund under this clause.

 

6. Warranty

 

Boop’s Products come with guarantees that cannot be excluded under the Australian Consumer Law, as outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. Additionally, you are entitled to have the Products repaired or replaced if they fail to meet acceptable quality standards and the failure does not amount to a major failure (the ‘Warranty’).

 

You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 4 weeks or 30 days, whichever is shorter, from the date of purchase (the ‘Warranty Period’).

 

To make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Boop, showing the date of purchase, a description of the Products, and the price paid for the Products by sending written notice to Boop at hello@boopbeds.com.au.

 

Boop will, at its sole discretion, determine whether the Products qualify for a Warranty Claim and will either repair or replace any defective Products or parts with new or remanufactured equivalents at no charge to you for parts or labor. You acknowledge and agree that you will be solely responsible for any postage or shipping costs incurred in facilitating the Warranty Claim.

The Warranty shall be the sole and exclusive warranty provided by Boop and shall be the sole and exclusive remedy available to you, in addition to other rights under the law in relation to the Products covered by this warranty.

 

All implied warranties, including the warranties of merchantability and fitness for use, are limited to the Warranty Period.

 

The Warranty does not cover any appearance of the supplied Products, nor the additional excluded items listed below, nor any supplied Products that have been damaged or defaced, subjected to misuse, abnormal service or handling, or altered or modified in design or construction.

 

7. Copyright and Intellectual Property

 

The Website, the Purchase Services and all of the related products of Boop are subject to copyright pursuant to the Copyright Act 1986 (Cth) and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Boop or its contributors.

 

Boop retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

 

• the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Boop; or
• the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
• a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
• the source code, object code, or underlying structure, ideas, or algorithms of the Website or any software, documentation, or data related to the Website; or
• any right to modify, adapt, translate, or create derivative works based on the Website or any part thereof; or
• any right to sublicense, distribute, sell, or resell any part of the Website or the services provided therein; or
• any proprietary rights associated with the design, functionality, or operation of the Website; or
• any user data, analytics, or insights derived from the use of the Website, except as expressly permitted by Boop's privacy policy.

 

You may not, without the prior written permission of Boop and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.

 

8. Privacy

 

Boop takes your privacy seriously. Any information you provide through your use of the Application and/or the Purchase Services is subject to Boop's Privacy Policy, which is available on the Website.

 

9. General Disclaimer

 

You acknowledge that Boop does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Boop will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
• Boop will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of Boop is at your own risk. Everything on the Website, the Purchase Services, and the Products of Boop, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Boop make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Boop) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
• costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
• the Content or operation in respect to links which are provided for the User's convenience;
• any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
• any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

10. Limitation of Liability

 

Boop's total liability arising from or in connection with the Purchase Services or these Terms, regardless of the basis of the claim (including contract, tort (including negligence), equity, statute, or otherwise), will not exceed the most recent Purchase Price you paid under these Terms. If you have not paid the Purchase Price, Boop's total liability is limited to the resupply of information or Purchase Services to you.

 

You expressly understand and agree that Boop, its affiliates, employees, agents, contributors, third-party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, and any other intangible losses.

 

Boop is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted by users of the Website, third parties, or by any of the Purchase Services offered by Boop.

 

11. Termination of Contract

 

The Terms will continue to apply until terminated by either you or by Boop as set out below.

 

If you want to terminate the Terms, you may do so by:

• ceasing use of the Website and Purchase Services immediately;
• notifying Boop at any time; and
• closing your accounts for all of the Purchase Services which you use, where Boop has made this option available to you.
• Your notice should be sent, in writing, to Boop via the 'Contact Us' link on our homepage.

 

Boop may at any time, terminate the Terms with you if:

• you have breached any provision of the Terms or Boop considers that you intend to breach any provision;
• Boop is required to do so by Australian law;
• the partner with whom Boop offered the Purchase Services to you has terminated its relationship with Boop or ceased to offer the Purchase Services to you;
• Boop is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
• the provision of the Purchase Services to you by Boop is, in the opinion of Boop, no longer commercially viable.
• Subject to local applicable laws, Boop reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Boop's name or reputation or violates the rights of those of another party.
• When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Boop have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

12. Indemnity

 

You agree to indemnify Boop, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you publish through the Website;

• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

• any breach of the Terms.

 

13. Dispute Resolution

 

Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

 

Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

 

Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

• Within 7 days days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

• If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

• The mediation will be held in Sydney, Australia or remotely via video link.

 

Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

 

Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

14. Venue and Jurisdiction

 

The Purchase Services offered by Boop is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

 

15. Governing Law

 

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

16. Severance

 

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.