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TERMS OF USE

1. INTRODUCTION

1.1 Welcome to the duopillow website located at www.duopillow.com.au (“Website”) which is owned and operated by Duopillow Pty Ltd (ABN 26 123 017 363) (“Company”, “Us”, “We”, “Our”).

1.2 Website makes available for sale certain products related to the comfortable bed sharing and transitioning for toddlers and beyond (“Products”).

1.3 Please read these Terms of Use carefully. By accessing and using the Website, you become a user of the Website (“User”, “you”, “your”) and you agree to be bound by these Terms of Use and our Privacy Policy located at https://duopillow.com.au/privacy-policy/. These Terms of Use constitute a legally binding agreement between you and the Company (“Agreement”).

1.4 The Company reserves the right to alter, modify, add to or change in any way, any provision of these Terms of Use and may, in its absolute discretion, limit or expand the services and Products available via the Website, without giving prior notice to its Users. It is your responsibility to check the Terms of Use each time you use the Website.

2. PRODUCTS

2.1 When you view a listing for a Product via the Website, the listing shall include the price of that Product (“Product Price”), a description of that Product and any other relevant information with respect to that Product. You agree that any visual representation of a Product contained on the Website is provided for illustrative purposes only and may not be an exact representation of that Product.

2.2 The use of any Products must be in accordance with the care and safety tags and instructions provided with the Product and the Product Safety Guidelines which can be found here: https://duopillow.com.au/product-safety-information/.

2.3 To the fullest extent permitted by law (including the Australian Consumer Law), the Company makes no warranty, representation or guarantee as to the suitability of its Products for any particular purpose, and will not be liable for any loss or damage suffered as a result of incorrect or improper use of its Products. For the avoidance of doubt, if the intended use of the Products is for medical purposes, it is your responsibility to seek appropriate medical advice to ensure that the Products are suitable for that purpose. The Company accepts no liability for any loss or damage suffered as a result of incorrect or improper misuse of the Product. For medical, physiological, chiropractic, therapeutic or other health advice, please consult your doctor or health professional for assistance.

2.4 The Company will use its best efforts to maintain stock for its Products, however the Company makes no guarantee that any Products offered for sale via the Website shall be available.

2.5 The Company reserves the right at any time to modify or discontinue its Products and/or to change the information contained on the Website at any time without providing notice to you.

3. ACCOUNT

3.1 You may create an account on the Website by completing the account sign up process either during checkout or at any time while using the Website (“Account”) which will enable you to save your shipping and contact details and view your Product order history.

3.2 You are solely responsible for maintaining the confidentiality of your Account and your Account password.

4. ORDERS FOR PRODUCTS

4.1 Once you select a Product you wish to order, you may either proceed to checkout as a guest or by logging into your Account (“Order”).

4.2 In order to place the Order, you must complete the “Check Out” process whereby you must:
(a) pay the Company the fees applicable to that Order, including but not limited to the Product Price and any shipping, transaction and/or other applicable charges which may apply to that Order (“Fees”);
(b) where applicable, enter and confirm your contact and shipping details; and
(c) select your preferred delivery option.

4.3 Once you complete the Check Out process, you will receive a confirmation by email of your Order (“Order Confirmation”). This Order Confirmation is an acknowledgement of your Order and will not constitute the Company’s acceptance of your Order.

4.4 Should the Company, in its sole discretion, accept your Order, the Company shall send you an email confirming that your Order has been dispatched, subject to Clause 6.1 (“Order Acceptance”).

5. PAYMENT

5.1 All Fees payable to the Company must be made via Stripe, PayPal or Afterpay. The Company is not responsible for any payment of Fees processed (or not processed) and may offer other methods for payment from time to time.

5.2 If Fees are paid via Stripe, payment is subject to the Stripe Checkout User Terms of Service which can be read here: https://stripe.com/en-au/checkout/legal.

5.3 If Fees are paid via PayPal, payment is subject to PayPal’s User Agreement which can be read here: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_AU.

5.4 If Fees are paid via Afterpay, payment is subject to Afterpay’s Terms of Service which can be read here: https://www.afterpay.com/en-AU/terms-of-service.

5.5 In the event that the Company does not receive payment of the Fees in full, the Company has the right, in its sole discretion, to cancel the Order.

6. DELIVERY

6.1 If the Company accepts an Order made by you and all Fees have been received in full by the Company, the Order shall be dispatched for delivery in accordance with the shipping details provided by you at Check Out (“Delivery”).

6.2 Delivery is subject to the Company’s Delivery Policy located at https://duopillow.com.au/shipping-and-returns/

6.3 The Company will use its reasonable efforts to meet the expected Delivery date, however, to the fullest extent permitted by law, the Company will not be liable for any loss or damage arising from any delayed Delivery and does not guarantee Delivery timeframes.

6.4 Upon Delivery to the address set out in your shipping details, all risk in the Delivered Product(s) passes to you. For the avoidance of doubt, the Company shall not be liable to you for any loss, damage or destruction of any Product once that Product has been Delivered.

7. INTERNATIONAL ORDERS & DELIVERY

7.1 You agree that if you are placing an Order to be delivered to one of the international countries listed in the Delivery Policy (“International Order”), it is your responsibility to check that country’s local customs regulations. The Company will not be liable for any loss or damage resulting from any import restrictions that may prevent the Delivery of your International Order.

7.2 As we are an Australian Company, we will charge you the Fees in Australian dollars. You agree that if you place an International Order, the Fee is subject to the “International Charges” of that country being:
(a) any duties, customs charges, taxes, levies and/or other fees payable; and/or
(b) the exchange rate applied by the payment method used in Check Out.

7.3 You are solely responsible for the direct payment of all International Charges, and for the avoidance of doubt, the Company is not liable for and will not reimburse you for any International Charges.

8. CANCELLATIONS

8.1 Until such time that you receive an Order Acceptance, the Company may, in its sole discretion, cancel an Order for any reason, including but not limited to the unavailability of a Product or errors on the Website.

8.2 You may make a request to cancel your Order within one (1) business day of receiving the Order Confirmation by contacting the Company at hello@duopillow.com.au, and the Company may, in its sole discretion, accept such request.

8.3 If an Order is cancelled under this Clause 8, the Company will notify you and, if applicable, return any Fees paid by you via the original payment method used in Check Out. The Company makes no guarantee that any Product with respect to a cancelled Order will be available at a later date.

9. REFUNDS & RETURNS

9.1 You may make a “Refund / Exchange Request” to the Company for a return or exchange of that Product if you:
(a) change your mind within five (5) days of receiving the Product, subject to the Product being unused and in its saleable condition, original packaging and with its tags still attached; or
(b) receive a defective Product.

9.2 To the fullest extent permitted by law, a Product will not be considered defective under Clause 9.1(b) if the Product is of an unacceptable quality due to fair wear and tear, misuse, failure to follow any tags or instructions of use and/or the Product Safety Guidelines, using it in an abnormal manner or failure to take reasonable care.

9.3 If the Refund / Exchange Request is accepted, the Company will either exchange the Product or return the (full or partial) Product Price paid by you via the original payment method used in Check Out, subject (if applicable) to the return of the Product in its original condition at your expense.

9.4 If the Product is not returned in the condition set out in Clause 9.1(a) and/or you otherwise have no remedy under the Australian Consumer Law, the Company will either dispose of the Product or return the Product to you at your expense.

10. TERMINATION & SUSPENSION

10.1 If the Company determines that you are in breach of this Agreement, the Company, in its sole discretion and without notice, has the right to limit access, suspend or terminate your Account and/or refuse or limit any and all current or future use of your Account and/or the Website. Such suspension or termination shall not release you of any obligations existing at the time your Account is suspended or terminated. In addition to terminating the Agreement, the Company will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.

10.2 You have the right to terminate or suspend your Account via your Account’s page or by contacting the Company.

10.3 If your Account is terminated, suspended or otherwise limited, any Orders placed but not yet dispatched shall be cancelled.

10.4 The following sections of these Terms of Use will survive termination: Delivery & Passing of Risk; Refunds & Returns; Termination & Suspension; Intellectual Property Rights; User Warranties; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Except for third party data or as otherwise stated, all other parts of the Website are owned or controlled by the Company or third parties that have authorised such use, including but not limited to all trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Website (“Company Materials”).

11.2 All rights are reserved. The Company Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms of Use, without the prior written consent of the Company.

11.3 The Company is the sole owner of all intellectual property in its Products and you must not copy, reproduce or adopt the designs embodied in any Products for any use, including but not limited to developing your own products or for any other purpose outside of this Agreement.

12. USER CONDUCT

12.1 As a User, you must not (and must not allow any third party to):
(a) use the Website in any manner that could damage, disable, overburden, or impair the Website;
(b) attempt to gain unauthorised access to any parts of the Website;
(c) interfere or attempt to interfere with the proper working of the Website software;
(d) use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from the Company;
(e) analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of the Website; and/or
(f) transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of the Website.

12.2 The Company reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any third-party website or application which is linked to or from the Website.

13. USER WARRANTIES

13.1 AS A USER, YOU WARRANT TO THE COMPANY AS FOLLOWS:
(a) THAT ALL DATA UPLOADED TO THE WEBSITE IS CURRENT, TRUE AND ACCURATE AND DOES NOT CONTAIN ANY VIRUSES, TRACKING SOFTWARE OR OTHER PROGRAMMING ALGORITHMS THAT INTERFERE WITH THE COMPANY’S PRIVACY, DATA OR COMPUTER SYSTEMS;
(b) IF YOU ARE USING THE WEBSITE OR AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF ANOTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO A COMPANY OR OTHER ORGANISATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THE TERMS OF THIS AGREEMENT; AND
(c) TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING AUSTRALIAN CONSUMER LAW), THE COMPANY WILL NOT BE IN ANY WAY LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY OF ITS PRODUCTS.

14. INDEMNITY

14.1 You indemnify the Company and its officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any third party data imported into the Website, the access and use of the Website and/or any breach or alleged breach of this Agreement by you.

14.2 Should the Company, in its sole discretion, determine that you have breached these Terms of Use, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

15. NO WARRANTIES AND LIMITATION OF LIABILITY

15.1 To the fullest extent permitted by law (including the Australian Consumer Law), the Website is provided on an “as is” basis and without representations or warranties of any kind to you, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of the Website will be uninterrupted or error-free. The Company does not represent that the Website will be secure or free of viruses or other harmful material or elements, or that any Company Materials will be correct, accurate, timely or complete.

15.2 The Company may direct you to third-party websites, and is not responsible for the content, the accuracy of the information and any products or services available on such third-party websites and/or for any damage of any kind arising from your access or use of such third-party websites.

15.3 To the fullest extent permitted by law (including the Australian Consumer Law), the Company has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the use of the Website and/or any of its Products, including but not limited to any changes, errors and/or misrepresentations made via the Website, the lack of access to any part of the Website or third party provided to the Company, the termination or suspension of the Account, and/or any modification or discontinuance of any Products.

16. ASSIGNMENT

16.1 You acknowledge that this Agreement is personal to it and you cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of the Company. The Company reserves its right to assign the provisions of this Agreement at any time.

17. GOVERNING LAW AND JURISDICTION

17.1 These Terms of Use and the access and use of the Website shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, you accept that any dispute under these Terms of Use or arising out of access and/or use of the Website shall be subject to the jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, you hereby submit to the jurisdiction of such courts for such purposes.

17.2 You are solely responsible for compliance with any applicable laws of the State, Territory or Country from which you access the Website.

18. ENTIRE AGREEMENT

18.1 This Agreement shall constitute the entire agreement and understanding between the you and the Company concerning the subject matter hereof and supersedes all prior agreements and understanding of you and the Company with respect thereto.

18.2 If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

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