Terms & Conditions

Your Acceptance

The following terms and conditions relate to the provision of any services or sale of nutritional products (including all physical products and any downloadable material) from the Soli Sleep Pty Ltd website https://www.solisleep.com/. These Terms and Conditions constitute an agreement between, Soli Sleep Pty Ltd ABN 71 651 066 750 the owner and operator of the Site, and you, a user of the Site and/or purchaser of Products.

 

By using or accessing our website or purchasing any Products you agree to be bound by this Agreement, our Terms of Use, Privacy Policy and Returns Policy. We may amend this Agreement, our Terms of Use, Privacy Policy and Returns Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement, our Terms of Use, Privacy Policy or Returns Policy (or any subsequent amendments) you must cease using or accessing our website and the purchase of any Products immediately.

 

Users must be 18 years or older to purchase any of our Products or use our services.

 

 

Personal Information

We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.

 

You warrant the personal information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information that is truthful, accurate, current and complete.

 

By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at hello@solisleep.com with ‘unsubscribe’ in your email’s subject.

 

 

 

User Accounts

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorized to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our Site.

 

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login.

 

You must immediately notify us of any unauthorized use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.

 

 

 

Payment

We use secure online payment systems including Stripe, PayPal, Klarna, Afterpay and LatitudePay.

 

In order to purchase any of our Product you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

 

All orders must be pre-paid. Orders will only be shipped or available for download (for electronic products) after full payment of the total amount is cleared.

 

You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards

 

The prices for Products provided under this Agreement will be as set out on our Site at the time you offer to purchase the Products. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”).

 

From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

 

If you have any issues with payment do not hesitate to contact us at hello@solisleep.com.

 

All Products available from our Site are subject to consumer protections under the Australian Consumer Law.

 

 

 

Delivery And Shipping Of Products

Products available from our Site are subject to the terms and conditions contained in this Agreement. Our terms of shipping are available here

We make every effort to ensure our Product descriptions are accurate as possible with specifications made on the information provided to us. However, should an error occur we reserve the right to correct our description.

Images are for illustrative purposes only and may not be an exact image of the actual Product.

Due to Product demands, Soli Sleep Pty Ltd Products may not be available at all times. If no products are available we will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable you agree that we may still charge your credit card and ship Soli Sleep Pty Ltd Products when they become available.

We reserve our rights to limit the quantities of any Products purchased through our Site.

Orders are dispatched within 1-2 business days of receiving your confirmed order/payment.

We currently only ship to street addresses in Australia. Freight/shipping costs are calculated depending on your postcode and will be provided at the checkout prior to payment.

 

 

Refunds And Cancellations

Your rights to refund or replacement (if applicable) are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”).

In the event of any defect with any Product(s) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Product(s) in question (where applicable), or refund to the value of those Product(s) If you believe any of the Products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at hello@solisleep.com

 

 

Returns

Please refer to our Returns Policy. 

 

 

 

Contact Information

If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at hello@solisleep.com





Indemnity 

You agree to defend, indemnify and hold harmless Soli Sleep Pty Ltd its officers, directors, employees and agents and its Related Entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

 

your use of and access to our Site and your use of any Products;

your violation of any term or condition of this Agreement;

your violation of any third party right, including without limitation any copyright, property, or privacy right; or

any claim that any of your use caused damage to a third party.

This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim.

 

 

 

Privacy And Child Protection

We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information. 

 

Our Privacy Policy can be accessed by clicking on this link

 

Soli Sleep Pty Ltd complies with all Australian Child Protection legislation to the extent applicable.

 

 

 

Choice of Law

This Agreement shall be governed by the laws in force in the state of South Australia, Australia. The offer and acceptance of this contract is deemed to have occurred in South Australia, Australia.

 

 

 

Forum Of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of South Australia, Australia.

 

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

 

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

 

 

 

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

 

 

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

 

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

 

 

 

Non-waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

 

 

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

 

 

 

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and/or purchasing our Products.

 

 

 

Electronic Communications

We use electronic means of communication, whether you visit our Site or send use-mails, or whether we post notices on our Site or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

 

 

 

General

This Agreement, together with our Terms of Use, Privacy Policy and Returns Policy constitute the whole of the legal agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.

If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.

No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.

The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.

 

 

TCPA Compliance:

 

Text Marketing and notifications:

 

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase.

 

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

 

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.





GDPR Compliance:

 

Text Marketing Terms and Conditions:

 

We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions.

 

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.

 

Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery.

 

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

 

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

Terms of Use

By accessing or using this website, or by accepting, accessing, using, receiving or reading any documents or materials prepared by Soli Sleep Pty Ltd ABN 71 651 066 750 (“we”, “us”, “our”) you agree to these Website Terms of Use.



Jurisdiction

 

These Website Terms of Use will be governed by, and interpreted in accordance with, the laws for the time being in force in South Australia and you submit to the non-exclusive jurisdiction of the Courts of, or exercising jurisdiction of, that State and waive any right you may have to claim that those Courts are an inconvenient forum.



Payments

 

Any payments processed through our website will be managed by third party gateways, such as Stripe (www.stripe.com/au) PayPal (www.paypal.com) and Afterpay (www.afterpay.com). All payment amounts are represented in Australian currency (AUD). All currency conversions and calculations are done through our third party gateways, and we take no responsibility for the accuracy of any currency conversions. You agree to take all responsibility to assess any and all conversion transaction prices prior to confirming your order.

 

Contacting us

 

If you have any difficulties receiving any Materials that you purchased from this website or you have made a purchase in error, you can contact us at hello@solisleep.com to discuss a resolution. You agree to provide us with your transaction details and any other details reasonably requested by us to validate your entity and purchase. 

 

Testimonials

 

Please be aware that any testimonials on this website may not reflect the results that you may achieve.  Results may vary and your experience may not be similar to the experience of the user testimonial.

 

If you publish a testimonial, review or provide any comments regarding any Materials or us, you irrevocably grant us a non-exclusive, royalty free, perpetual right to use, reproduce, publish, translate and distribute such testimonials, reviews or comments throughout the world in any media. In addition, you expressly waive in favour of us all “moral rights” in any jurisdiction. 

 

User Accounts

 

We may assign you a username, password and account information in order to enable you access to our site, or you may be required to set up your own account using a username and password chosen by you. You are solely responsible for protecting the security and confidentiality of your login and for all activities on our site using those login details.

 

You must immediately notify us of any unauthorised use of your login or any other breach or threatened breach of our site’s security you may be aware of.

 

Limitation of liability

 

To the maximum extent permitted by law, we exclude completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Material and/or any use of the website (Services). Where any law implies a warranty into these Website Terms of Use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.

 

Copyright

 

Unless otherwise stated we own the licence, copyright and all other proprietary rights in this website and the Material. The contents of this website and the Material include but are not limited to the 'Soli Sleep' name and logo, text, images, animations, sound recordings and/or software and the arrangement of them.  Unless you have obtained prior written permission, you cannot reproduce, publish, license or alter any of the content found on this website or in the Material.

 

Links to or from other sites

 

This website may contain links to websites at domains other than www.solisleep.com. Such sites may be controlled or produced by third parties.  Except as indicated, we do not control, endorse, sponsor or approve any such websites or any content on them, nor do we provide any warranty or take any responsibility for any aspect of those websites or their content.  You must not create or maintain any link from another website to this website without our written consent.

 

Privacy

 

This website may use 'cookies' to collect anonymous traffic data from users who access this website. Our internet server may also automatically record details about any computer used to access the website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve this website and our services.  Any other information supplied to us (for example if you send us an email or complete a form available on the website) is treated in accordance with our Privacy Policy, which is a separate document that is available on our website.

 

No Spam

 

Publication of email addresses on this website does not infer consent to the receipt of unsolicited commercial electronic messages.

 

Changes to Website Terms of Use and Materials

 

We reserve the right to change these Website Terms of Use and any Materials at our discretion and without providing any notice to you.



Privacy Policy

 

This privacy policy sets out how Soli Sleep Pty Ltd uses and protects any information that you give while using www.solisleep.com. 

 

Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement.

 

Soli Sleep may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1.7.2021. 

 

What we collect

 

We may collect the following information:

 

  • contact information including email address
  • demographic information such as zip code, preferences and interests
  • other information relevant to customer surveys and/or offers

 

What we do with the information we gather

 

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

 

  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.




Security

 

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

How we use cookies

 

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

 

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

 

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

 

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

Advertising

 

Some of our advertisers occasionally serve you cookies as well. We do not have control over cookies placed by advertisers. These vendors may use cookies, web beacons, or similar technologies to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, these vendors may collect non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these advertising service vendors is subject to their own privacy policies, not ours, and Service Provider disclaims all liability in connection therewith.

 

Links to other websites

 

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

Controlling your personal information

 

You may choose to restrict the collection or use of your personal information in the following ways:

 

  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us.

 

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.