Sleeptracker - Terms, Policies & Procedures

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Terms, Policies & Procedures

At the 22Moo International Pty Ltd, we see the protection of your privacy to be of the highest importance and we have made our site cookie-free so you can access and browse without disclosing any personal information. We do not automatically log personal data/information, nor do we link information automatically logged by other means with personal data about specific individuals.

When you look at our site, our Internet service provider (ISP) makes a record of your visit and logs the following information for statistical purposes:
1. Your server address and the date and time of your visit to the site
2. The pages accessed and documents you downloaded
3. The site that directed or referred you to us eg. a search engine
4. The type of browser you used your top-level domain name (eg. __.com .au, .gov, etc).

No attempt will be made to identify you or your browsing activity except, in the unlikely event of an investigation, where a law enforcement agency may produce a warrant to inspect our ISP's logs. We will only record your email address or other details you provide if you send us a message to request more information. Your details will only be used for the purpose for which you have provided them and will never be added to any mailing list. We will not use or disclose them to anyone without your consent.

Our Privacy Policy and our approach to privacy adheres to the Australian Government's National Privacy Principles contained within the new Privacy Amendment (Private Sector) Act 2000. If you have a question about our Privacy Policy, or would like to gain access to information we might hold about you, please contact us. You can obtain more information on Australia's approach to privacy from the Australian Privacy Commissioner's

Terms Of Use

Business Hours

* Office Hours: Monday to Friday 9:00 am ~ 5:00 pm. Closed on major Australian holidays.
* Online Store Open 24/7 365 days a year for your convenience.
* Order will be processed for delivery within 48 hours of business days.

Payment Methods

* Visa, MasterCard via PayPal
* Western Union
* Bpay
* Direct Deposit
* Telegraphic Transfer

GST

* 10% Goods and services tax is included for Australian customers.

Misc Information

* Product listings, specs, availability, and pricing are subject to change without notice.
* Not responsible for typographical content errors.
* Your privacy is our priority. We NEVER sell or trade your account information to anyone.

22Moo International Pty Ltd has provided this information so that you can be aware of your rights and also the Terms and Conditions surrounding the use of this site.

22Moo International Pty Ltd ("Site Owner") maintains this site (the "Site") for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not however, distribute, modify, transmit, reuse, report or use the contents of the Site for public or commercial purposes, including the text, images, audio or video without the Site Owner's written permission.

Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and Site Owner are superseded and of no force or effect.

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used without the written permission of Site Owner. Site Owner neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Site Owner.

While Site Owner uses reasonable efforts to include accurate and up-to-date information on the Site, Site Owner neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Site Owner.

Your use and browsing of the Site is at your own risk. Neither Site Owner nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provide to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Site Owner also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.

Images of people or places displayed in the Site are either property of, or used with permission by, Site Owner. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere in the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Site Owner and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Site Owner or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content of the Site, except as provided in these Terms and Conditions, is strictly prohibited. You're are also advised that the Site Owner will aggressively enforce its intellectual property right to the fullest extent of the law, including the seeking of criminal prosecution.

Site Owner has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

The Site Owner is not liable for any damages that may occur from the use or misuse of the products sold on the Site.

22Moo International Pty Ltd may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Warranty Statement and Conditions

All our products come with a one-year limited warranty against defects in materials and workmanship from the original date of purchase.

LIMITED PRODUCT WARRANTY AND GUIDELINE FOR OBTAINING WARRANTY SERVICE

THE FOLLOWING WARRANTIES ARE ONLY APPLICABLE IF THE PRODUCTS ARE BOUGHT DIRECTLY FROM 22Moo International Pty Ltd

Product Warranty

The limited warranty is provided to the original owner only and is non-transferable. Proof of purchase will be required for any limited warranty on 22Moo International Pty Ltd products. 22Moo International Pty Ltd's warranty covers only those defects which arise as a result of normal use of the product, and do not apply to any product:

* which has been repaired or altered unless done or approved by 22Moo
* which has not been maintained in accordance with any operating or handling instructions provided by 22Moo
* which has been altered or damaged by accident
* which has been subjected to unusual physical or electrical stress, misuse, abuse, power shortage, or negligence or
* which has been used other than in accordance with the product operating and handling instructions.

Within a period of time identified below from the date of purchase, if 22Moo International Pty Ltd receives notice of defect in any 22Moo International Pty Ltd product which is covered by 22Moo International Pty Ltd's warranty, 22Moo International Pty Ltd shall either repair the defective product or replace with a new unit, at 22Moo International Pty Ltd's option. 22Moo International Pty Ltd shall have no obligation to repair or replace until the customer returns the defective product to 22Moo International Pty Ltd according to the Warranty Procedure below. Accessories outside of the main player unit, such as but not limited to remote control, batteries, earphones, and AC adapter will only carry a 90-day warranty from the original date of purchase. For software products, 22Moo International Pty Ltd's limited warranty applies only to a failure to execute programming instructions. 22Moo International Pty Ltd does not warrant that the operation of any product will be interrupted or error free. 22Moo International Pty Ltd Product Duration of Limited Warranty (new) 1 year.
WARRANTY EXCLUSIONS & LIMITATIONS

THIS WARRANTY IS ONLY APPLICABLE IF PRODUCT WAS PURCHASED DIRECTLY FROM 22Moo International Pty Ltd. THE ORIGINAL SALES RECEIPT SHOWING THE DATE OF PURCHASE OF THE PRODUCT, IS PROOF OF THE DATE OF PURCHASE. 22Moo International Pty Ltd MAY REQUEST THE ORIGINAL SALES RECEIPT OR A COPY AS PROOF OF DATE OF PURCHASE.

Neither 22Moo or its third party suppliers make any other warranty or condition of any kind whether expressed or implied, with respect to the 22Moo products, and specifically disclaim the implied warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose.

DISCLAIMER

Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages for products supplied to consumers, or the limitation of liability for personal injury, so the foregoing limitations and exclusions may not apply or may be limited in their application to you. When implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights that may vary depending on the law of the applicable jurisdiction.

LIMITATION OF LIABILITY

Except for the limited obligations specifically set forth in this warranty statement, in no event shall 22Moo International Pty Ltd or its third party suppliers be liable for direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory and whether advised of the possibilities of such damages.

Warranty Procedure

To return a product for repair / replacement, we advise that you return the product by registered post or a trackable courier, as we cannot be held responsible for items that are lost or damaged in the post. We suggest insurance as well.

You will need to obtain a RAN (Return Authority Number) by e-mailing : sales@22moo.com.au or by calling us 02 9729 1346 or for international customers call +61 2 9729 1346. We will then forward you return address details.

Shipping costs of products for repair / replacements is the responsibility of the customer. We will however return the product at our cost.

Terms and Conditions of Sale

The web site www.22moo.com.au and any products or services sold by 22Moo International Pty Ltd are governed by the following terms and conditions.

1. DEFINITIONS

"22Moo" means the 22Moo International Pty Ltd (ACN 126 271 314 - ABN 65 126 271 314) company selling products, solutions and services to the Customer as identified in 22Moo International Pty Ltd’s quote, invoice or sale document.
"Customer" means the person or legal entity identified in 22Moo International Pty Ltd’s quote, invoice or sale document.
"Contract" means a contract for sale by 22Moo International Pty Ltd to the Customer of the products and/or services incorporating the Terms and Conditions.

2. FORMATION OF CONTRACT

2.1 No Contract shall come into existence until the Customer's order has been accepted by 22Moo and such acceptance has been received by the customer. The contract shall deemed to be concluded at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.

2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.

3. ORDERS, PRICE AND PAYMENT

3.1 Unless credit terms have been expressly agreed by 22Moo, payment for the products or services shall be made in full before physical delivery of products or services.

3.2 Customer shall pay for all shipping and handling charges unless otherwise stated in the offer of sale or current promotion.

3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

4. SOFTWARE

4.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that 22Moo does not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.

4.2 All rights, title or interest in respect of the intellectual property rights in the software remain with 22Moo or the licensor of the software at all times.

5. TITLE AND RISK

Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.

6. DELIVERY

6.1 22Moo shall deliver the products to the place of delivery designated by Customer and agreed to by 22Moo ("Place of Delivery").

6.2 22Moo may, at its discretion, deliver the products by instalments in any sequence. Where the products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by 22Moo in respect of any one or more instalments shall vitiate the Contract in respect of products previously delivered or undelivered products.

6.3 Any dates quoted by 22Moo for the delivery of the products are approximate only and shall not form part of the Contract. 22Moo shall not be liable for any delay in delivery of the products and/or services, howsoever caused.

7. ACCEPTANCE OF PRODUCTS

7.1 Unless the Customer notifies 22Moo International Pty Ltd to the contrary on the day of delivery and such notification is confirmed in writing within one day, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by 22Moo International Pty Ltd.

8. WARRANTY

8.1 22Moo will notify Customer of any applicable manufacturers' warranty in relation to the Products. To the extent permitted by law, 22Moo's entire responsibility with respect to warranties for the Products is to pass on to Customer the benefit of any such warranties. Subject to clause 8.3 software Products are not warranted under these Terms. Such software Products are warranted in accordance with the relevant licence agreements that govern their use.

8.2 To the extent permitted by law, the manufacturers' warranties referred to in clause 8.1 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.

8.3 Certain legislation may imply warranties or conditions or impose obligations upon 22Moo which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which 22Moo is able to do so, its liability will be limited, at its option, to:

i. in the case of products: the replacement of the products or resupply of equivalent products; repair of the products; payment of the cost of replacing the products or acquiring equivalent products; or the payment of the cost of having the products repaired; and

ii. in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.

8.4 All warranties on offer and provided are for return to manufacturer base for repair unless explicitly stated otherwise. 22Moo is not responsible nor liable for any costs accrued by the Customer in relation to warranty repairs.

9. LIABILITY

9.1 22Moo's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

9.2 The Customer shall indemnify 22Moo and keep 22Moo fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

9.3 22Moo and Customer agree that 22Moo will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. 22Moo shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if 22Moo has been advised of their possibility.

9.4 Any service response times stated by 22Moo in the service contracts are approximate only and 22Moo shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.

9.5 Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by 22Moo shall be subject to correction without any liability on the part of 22Moo.

10. FORCE MAJEURE

Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

11. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

12. GENERAL

12.1 The Customer shall not be assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of 22Moo. Any such unauthorized assignment shall be deemed null and void.

12.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

12.3 Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, 22Moo’s liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at 22Moo's option, to (a) in the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired OR (b) in the case of services, the supplying of services again; or the payment of the cost of having the services supplied again.

Returns Policy

If you are not satisfied with your purchase for any reason you may return your unopened product within 7 days of delivery for a refund (minus any shipping charges).

We will pay the return shipping cost only if the return is a result of our error (eg. if we sent you the wrong product).

We may only issue a partial refund or may refuse a refund for the return of certain items, including:

* Any item that is returned more than 7 days after delivery.
* Any product that has obvious signs of use.
* Any item that is not in its original saleable condition, is damaged, is missing packaging or parts.

A 30% restocking fee applies to ALL product returns that have been opened and/or used.

When returning a product we advise that you return the product by registered post or a trackable courier, as we cannot be held responsible for items that are lost or damaged in the post. Insurance is suggested as well.

If you are going to return a product or have any problems with a purchase please e-mail us : info@22moo.com.au

For products offering the 14 Day Money Back Guarantee

Products must be returned within 14 Days of arrival and in good resellable condition with ALL original packaging.

You will then receive a refund of your purchase price (minus shipping)

Cancelling Your Order

If necessary, you may cancel all or part of your order, provided you contact us prior to your order being dispatched.

Please call us 02 9729 1346 or for international customers call +61 2 9729 1346.