This website is operated by Regal Sleep Solutions. Throughout the site, the terms “we”, “us” and “our” refer to Regal Sleep Solutions. Regal Sleep Solutions offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Regal Sleep Solutions, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Regal Sleep Solutions and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Regal Sleep Solutions , 800 Princes Highway, Springvale VIC 3171, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com. User agreement
• By visiting and/or using the http://www.regalsleepsolutions.com.au/ or http://www.regalmattressoutlets.com.au/ website, associated services and functionality ("the website") you agree to be bound by this user agreement ("agreement").
• This agreement is formed between you and The Trustee for JTR Industries Trading Trust T/A Regal Sleep Solutions & Regal Mattress Outlets of 1/800 Princes Highway, Springvale VIC 3171 AUSTRALIA ("us", "our", "we"). "you", "user", "member" and "visitor" means anyone who visits this website.
• If you do not agree to any provisions of this agreement, you must not use the website.
• We reserve the right to make changes to this agreement from time to time at our sole discretion.
By continuing to use the website, you agree to be bound by the changes.
We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes.
Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
• In order to make purchases and access some features of the website, you will need to be a registered member.
• You may not use another member's account without permission.
• When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
• For promotional purposes we may display the usernames of the last few orders received. This will be in the form of " username (Xth order) just bought ". For example "Joe Bloggs (20th order) just bought..". We recommend not using your real name as your username.
• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
• If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
3. Legal Capacity
By making an on-line purchase you accept these terms and conditions and acknowledge that you:
• are over eighteen (18) years of age, and/or
• are entering into a legal contract with us.
• Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
4. Supply of services to You / Termination
• We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (ie alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
• We may stop (temporarily or permanently) providing access to the website to you, or to visitors or members generally, at our discretion and without prior notice to you.
• We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
• We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
• errors, mistakes or inaccuracies on the website;
• you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
• personal injury or property damage of any nature resulting from your access to, and use of, the website;
• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
• any interruption or cessation of transmission to or from our website;
• any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
• the merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
• We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is www.regalsleepsolutions.com.au
• Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
• in the case of goods:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and
• in the case of services:
• the resupply of our services, or
• the payment of the cost of resupply of our services.
6. Use of services by you
You agree to use the website only for purposes that are permitted by:
• this agreement;
• any applicable law or regulation; and/or
• generally accepted practice or guidelines.
• You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
• You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
• You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
• You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
• You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. Information on this Website
• Information about products (i.e goods and services) on the website is based on material provided by suppliers and product manufacturers.
• You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
• Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.
• We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
• You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee of 20% or $100 (whichever is lower) applies. Please contact us through the help centre.
• The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
• Prices are current at time of display but are subject to change.
• All payments must be received in full prior to dispatch. Please read the Payment section of the website for payment options.
• If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
11. Supply of product
• Subject to this agreement, we will supply to you the products shown on your order confirmation.
• You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
• Prices displayed do not include delivery.
• Orders are dispatched within 5 business days and shipping times are estimated at between 7-14 business days depending on your location within Australia.
• Order are shipped through Australia Post and various distribution companies.
• If for any reason we are unable to dispatch your order we will notify you within 2 business days.
• We do not ship outside of Australia.
• We do allow personal pick up.
12. Risk and Title
• We retain ownership of goods until payment is received in full.
• Risk in goods, such as loss or damage, passes to you upon delivery.
13. Change of mind returns / Store credit
Your satisfaction is our number one priority however, please choose carefully as we do not refund or exchange simply because you changed your mind or the product was not what you expected.
Regal is proud to offer our customers our exclusive 30 Day Swap Over and Money Back Guarantee.
If any customer is not happy with their purchase up until 30 Days after purchase, we will Swap Over the mattress for another mattress to try and achieve the right sleeping solution (please note a Swap Over fee for Freight, Handling and Insurance will be charged of $120.00). The mattress must be taken for a minimum of 14 nights.
If we are unable to find the right mattress solution up until 30 Days of swapping over the mattress, we will organise a full refund of the mattress less an additional Freight, Handling and Insurance fee of $120.00. The mattress must be taken for a minimum of 14 nights.
Our goal is to get a better sleep outcome for each and every customer. Should a customer not want to work with us to achieve this goal and only seeks a refund on their initial purchase a Freight, Handling and Insurance charge of $240.00 will be charged.
A Mattress Protector must be purchased at time of initial purchase. Mattresses must be returned in as new condition with no marks or stains on the mattress.
If a panel or boarder is damaged, marked or stained, the customer will be required to pay for the replacement of that panel.
The 30 Swap Over and Money Back Guarantee does not apply to custom made orders, sales of floor stock or pillows and accessory items.
The Swap Over and Money Back Guarantee is only valid at the point of purchase.
We offer a 30 day money back guarantee on our Mattresses.
14. Statutory Conditions and Warranty / Refunds
• The Trade Practices Act 1974 (Cth) implies into all consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer. Under the statutory warranty:
• We will refund, repair or replace if the product you receive - doesn't match the sample or description, doesn't do what it is supposed to do or is not of merchantable quality eg. defective or dead-on-arrival (DOA).
• Where a refund, repair or replacement is approved under the terms of this warranty, we will pay for, or reimburse you for, any shipping costs to return the original product to us.
• Warranty applies to the original product. Replacement product has the same warranty as the original. You must retain your proof of purchase for any manufacturer warranty claims.
• We reserve the right to charge you, at our current hourly rate, for the cost of examining the good if our examination reveals that there has not been a breach of statutory conditions or warranties ie. the good is not DOA, not defective or faulty, or if it does match the sample or description.
• Refunds will be issued by direct deposit, cheque, merchant warrior or PayPal at our discretion.
• In order to obtain these remedies:
• You must notify us within a reasonable time after you become aware that you wish to make a claim for a breach of condition or warranty in clause 15; generally within 14 days after you have received the product. Please contact us via the help centre. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Number.
• In some circumstances, we may refund, replace or repair goods that you find have a defect or fault when you have owned or used it for some time but displays a manufacturing defect or fault within a reasonable time during which it should not have developed that defect or fault. Please contact us via the help centre.
• A "reasonable time" is the amount of time that is reasonable to expect, given the cost and quality of the item.
• Incorrect or defective goods must be returned to us in the condition received with all original packaging.
• Replacement of good or refund and reimbursement of freight costs will not be made until the original good is received by us and your claim verified.
• We aim to process refunds and replacements within 28 days of receipt by us of the original product.
• We do not refund, repair or replace where in our reasonable opinion the product becomes unmerchantable due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
• Products damaged in transit must be reported to us within 24 hours of receipt so that we may make a claim under transit insurance.
• Goods that develop a defect after first use may be covered by manufacturer warranty. You may wish to contact the manufacturer regarding returns and repairs.
• In the case of a mattress there must not be any stains on any material as this is an OH&S issue where we cannot accept returns.
For further information on our Warranty Conditions please visit this page. Mattress Warranty
15. Links to third party websites
• The website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
16. Intellectual property
• We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
• You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
• If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
17. Transfer and Assignment
• In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
• You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
19. Force majeure
• We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
20. Applicable law
• This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of Victoria, Australia.
• If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
• If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
22. Security Policy
• When purchasing from Commercial Bedding Supplies Pty Ltd your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre firstname.lastname@example.org
23. Privacy and personal information
• We do not collect personal information if you only browse this website.
• When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.
• Online payments are handled by Merchant Warrior and Paypal external third party service providers. We do not see or store your credit card or banking details. Please check the www.merchantwarrior.com and www.paypal.com.au websites for details of their privacy policies and security measures.
• Our server may log details about any computer used to access the website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
• We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and information about the products sold by us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
• We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
• you have consented;
• you would expect us to or we have told you we will;
• it is required or authorised by law;
• it will prevent or lessen a serious and imminent threat to somebody's life or health; or
• the disclosure is reasonably necessary for law enforcement.
• You may request us to remove your personal information from our database by emailing us or using the contact form on the website.
• Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our Contact Us form, by emailing us directly at email@example.com or by writing to us at:
Regal Sleep Solutions
1/800 Princes Highway, Springvale
Melbourne Victoria 3171