Terms of service

Overview

This website is operated by NZ Natural Bedding Ltd for SleepFROG.  Throughout the site, the terms “we”, “us” and “our” refer to SleepFROG.  SleepFROG 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 confirm that you are over the age of 16, or the age of majority in your state or Providence of residence, or that you have obtained consent from your dependents or guardians to use this site.
  • Additionally, you must not use our products for any illegal or unauthorised purposes, and you must comply with all relevant laws in your jurisdiction, including copyright laws.
  • Transmitting any harmful code, such as worms or viruses is strictly prohibited.

 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.
  • Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness  & Historical Information

  • We are not responsible if information made available on this site is inaccurate, incomplete or outdated.
  • The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
  • This site may contain historical information provided for reference only.
  • We reserve the right to modify the contents of this site at any time, but we are not obligated to update information. 

Section 4 - 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 colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
  • We reserve the right, but are not obligated, to limit the sales  or quantities of our products or services to any person, geographic region or jurisdiction.
  • All descriptions of products or product pricing are subject to change without notice, at our sole discretion. 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.
  • Aside from our product manufacturing guarantee, 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 is free of errors. You are expected to contact us if you have an issue with our products/service that needs resolution.

Section 5 - Modifications to the Service & Prices

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue  a product or 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 products or Service.

Section 6 - Accuracy Of Billing & Account Information

  • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, so that we can complete your transactions and contact you as needed.
  • 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.
  •  If  we make a change to or cancel an order, we will 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.

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 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.  
  • 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 meet your expectations or is free of errors. You are expected to contact us if you have an issue with our products/service that needs resolution.

Section 5 - Modifications to the Service & Prices

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue  a product or 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 products or Service.

Section 6 - Accuracy Of Billing & Account Information

  • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, so that we can complete your transactions and contact you as needed.
  • 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.
  •  If  we make a change to or cancel an order, we will 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.

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 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.  
  • 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 & Other Submissions

  • Submission of Comments: If you send specific submissions or creative ideas to us (whether requested or not), we have the right to edit, copy, publish, distribute, and use them in any medium. We are not obligated to keep your comments confidential, respond to them or pay compensation for them.
  • Content Monitoring and Removal: We may monitor, edit, or remove content that we find offensive, unlawful, or violating intellectual property rights.
  • Comment Guidelines: Your comments should not violate third-party rights (such as copyright or privacy), contain harmful material, or mislead others. You are responsible for the accuracy of your comments.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 - Information Accuracy & Updates

  • Occasionally our site or Service may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
  • We reserve the right to correct  any errors, inaccuracies or omissions or update information without prior notice on the website or Service (even after you have submitted your order).  We reserve the right to cancel any order affected by these changes.
  • We are not obligated to update or clarify information except as required by law.
  • The absence of a specified update or refresh date should not be interpreted as a notification or update to all information on the Service or related website.

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, nor that the results that may be obtained from the use of the service will be accurate or reliable. Your use of this service is at your own risk.
  • 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.
  • The service and all products provided to you are ‘as is’ and ‘as available.’ We do not make any express or implied warranties, including merchantability, fitness for a particular purpose, durability, title, or non-infringement.
  • In no case shall the company, 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. These damages may include lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar harm. Whether based on contract, negligence, strict liability, or otherwise, these damages can arise from your use of the service or any products obtained through it. Additionally, this limitation of liability applies to any errors or omissions in content, as well as any loss or damage incurred due to the use of the service or any content (or product) provided via the service. However, in some states or jurisdictions where such exclusions or limitations are not allowed, our liability will be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless SleepFROG 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

  • Survival of Obligations and Liabilities: Any obligations or liabilities incurred by the parties before the termination date will continue to apply even after the agreement ends.
  • Effective Period of Terms of Service: These Terms of Service remain in effect unless either you or we terminate them. You can terminate them by notifying us, or simply by ceasing to use our services.
  • Termination by Judgment: If we believe you have failed to comply with any terms or provisions of these Terms of Service, we may terminate the agreement without notice. In such cases, you would still be responsible for any outstanding amounts up to the termination date, and we may deny you access to our services.

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 New Zealand.

Section 19 - Changes To Terms of Service

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. 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 info@Sleepfrog.co.nz