General Website Terms of Service
This website is operated by Sleepy Lion. Throughout the site, the terms “we”, “us” and “our” refer to Sleepy Lion. Sleepy Lion 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 Sleepy Lion, 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 Sleepy Lion 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 4 Galara Street Rosebery New South Wales AU 2018.
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 firstname.lastname@example.org.
Terms and Conditions of Hire
1. In these terms and conditions the applicant for hire is referred to as “You” and “Your” and Sleepy Lion, is referred to as “We”, “Us” and “Our” as the context requires.
2. We reserve the right to deny you the hire of the Goods at Our discretion.
3. By placing your order with Us, We agree to hire to You and You accept to hire from Us the Goods for the hire period on the terms of these terms and conditions.
4. You will return the Goods to Us NO LATER THAN the agreed end of hire period
5. In the event You are late in the late return of the Goods by more than 1 hour You will be charged a late fee of $10 per day for every 24 hours the Goods are not returned.
6. Rental Charges and Deposit
6.1 In return for the use of the Goods You will pay Us the rental charge specified on Our website for the hire period.
7. Use of the Goods
You agree to:
7.1 Keep and deliver the Goods in good order and repair (only reasonable wear and tear excepted).
7.2 Return the Goods including accessories in a good clean condition, and ensure they are not returned soiled, unreasonably dirty or stained. Failure to do so may result in a cleaning fee of $80.
7.2 Pay for repair of any damage to the Goods during the hire period, or pay to replace any accessories that are misplaced during the hire period.
7.3 Not attempt to sell, dispose or encumber the Goods in any way.
7.4 Not alter the Goods, including any identifying markings.
7.5 Allow inspection of the Goods at any reasonable time by Us.
7.6 Not to part with possession of the Goods unless authorised by Us in writing.
7.7 Not to permit the Goods to be used in a careless or dangerous manner, in breach of any statures, regulations or rules in relation to the use of baby capsules, car seats, travel cots, prams or any other equipment hired from Us.
7.8 Not to allow the Goods to be used when in a damaged or unsafe condition, and
7.9 Not to use Goods for any commercial purpose other than that expressly stated in writing in the Schedule, unless agreed to in writing by Us.
8.1 Where damage occurs to the Goods, mechanical difficulty arises, or the Goods are involved in an accident You will immediately notify Us and will act in accordance with instructions given by Us.
8.2 In the event of an accident where the Goods are damaged and/or rendered no longer able to be used, You must pay for the recovery of the Goods to Us.
8.3 If damage is caused by the use, misuse or abuse of the Goods, You will remain liable for the hire charge for the remainder of the unexpired hire period together with all repair costs, replacement parts and costs for the cancellation or postponement of the hire of the Goods as a result of their unavailability. This will be calculated by determining the Percentage usage, over 60 days immediately preceding the damage, and multiplying this by the number of days that the Goods are unavailable. We have no obligation to replace or supply to You replacement Goods for the completion of the hire period.
9. Your Responsibilities
9.1 You acknowledge that the hire and use of the Goods is at Your own risk and agree that We are not liable:
9.2.1 To You or any person for the malfunction of the Goods; or
9.2.3 To You or any person for any loss or damage suffered by You whether to your person or property to the extent not indemnified under the insurance policy effected by Us; and You agree to release Us to the fullest extent of the law against all and any of such liability and to indemnify and agree to keep us fully indemnified from all actions proceedings claims demands and costs (including solicitor’s costs) arising out of your hiring and use of the Goods.
10.1 You acknowledge that You are aware that ownership of the Goods will at all times remain vested in Us.
10.2 In the event of a claim under the Insurance, You are responsible to pay to Us to the excess payable under such Insurance regardless of fault.
10.3 Theft is NOT covered by the Insurance.
10.4 You acknowledge that Our Public and Products Liability insurer will not cover Us against liability arising out of any use made of the Goods outside Australia, accordingly, should You choose to take any of the Goods outside Australia during the whole or any part of the term of the hiring You do so in the knowledge that those Goods will not be covered by Our Public and Product Liability Insurance and that Your use of them shall be at your own risk.
10.5 In addition on removing the Goods from Australia You agree to release Us from all liability to You arising out of Your use of the Goods and You agree to indemnify Us from any liability to which Sleepy Lion may be exposed to any third party by reason of your use of them outside Australia.
In the event that You wish to cancel the hiring under these terms and conditions prior to the commencement of the hiring period You must notify us in writing whereupon We may charge You a cancellation Fee equal to:
11.1 the aggregate of 50% of the total hire fee, and refund You the balance fee paid where notice of cancellation is received within 3 days to the commencement of the hiring period.
11.2 Outside of this period there will be no cancellation fee charged
11.3 In the event of a no-show You forfeit all monies paid and are not entitled to a refund
12. Repossession of Goods
12.1 You acknowledge that We are the legal owners of the Goods and that nothing in these terms and conditions will pass any interest in the Goods to You and that We may repossess the Goods at any time without demand upon Us becoming aware that You are in breach of any term or condition of these terms and conditions or that the Goods is damaged in any way or that continuing use of the Goods would be likely to adversely affect the Goods or its performance.
- Registration of security interest
- At Our request, You must promptly execute any documents and do anything required to register the Our security interest in the Goods under applicable legislation (including the "security interest" granted to Us under clause 14.2.3(i)).
- To secure payment of all amounts owing to Us by You and the performance of all other obligations You have under these terms and conditions which constitute a "Security Interest" (which for the purposes of this clause 14 is as defined in section 12 of the PPSA), to the extent applicable to hire of the Goods, You:
- (i) grant to Us a Security Interest in the Goods;
(ii) must immediately return the Goods if requested to do so by Us following non-payment of any amount owing by You to Us or non-fulfilment of any other obligation You have to Us, without limiting any other right We may have;
(iii) gives Us the right to inspect the Goods or any part of them at all reasonable times;
(iv) waive Your right:
- to receive any notice that We intend to sell the Goods or to retain the Goods on enforcement of the Security Interest granted to Us under these terms and conditions;
- to object to a proposal by Us to retain the Goods in satisfaction of any obligation owed by You to Us; and
- where the Goods become an accession, as defined in the PPSA, to not have any Goods damaged when We remove the accession, to receive notice of removal of the accession and to apply to the court for an order concerning the removal of the accession, under the PPSA;
- must not give to the lessor a written demand, or allow any other person to give to the lessor a written demand, requiring the lessor to register a financing change statement or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA in relation to the goods;
(vi) must not sell, lease, dispose of, create a Security Interest in, mortgage or part with possession of the Goods or any interest in them (or purport or attempt to purport to do such thing) or permit any lien over the Goods; and
12.2.3 By collecting or accepting delivery of the Goods, You acknowledge that these terms and conditions constitute a Security Agreement for the purposes of section 20 of the PPSA and that You have received value as at the date of first collection of the Goods and have not agreed to postpone the time for attachment of the Security Interest granted to Us under these terms and conditions.
- Option to purchase Goods
12.3.1 You may by giving to Us not less than 14 days prior notice in writing (“early repayment notice”) pay out the within hire and acquire title to the Goods. In the event that You give the early repayment notice to Us it is acknowledged by You that the said notice shall be irrevocable and the amount which You shall pay to Us at the expiration of the early repayment notice (“the early repayment date”) in order to receive immediate title to the Goods will be the difference between moneys already charged for hire period and the RRP of the Goods You are acquiring
13. Unconditional Obligation
Your obligation to pay rental charges, service fees, and any other moneys under these terms and conditions is absolute and unconditional. Without limitation, Your payment obligations will continue notwithstanding and defect in, breakdown, accident, loss, theft or damage to the Goods.
14. Condition of the Equipment
At the commencement of your hire period you are required to examine all Goods to ensure you are satisfied with their condition. If you are dissatisfied You will notify Us within 3 hours of pick up or drop off. We will do our best to fix or replace any issues.
15. Goods and Charge of Your Credit Card
You indemnify Us against:
15.1 Any loss of or damage to the Goods, however arising;
15.2 Liability for any death, injury or damage to any person or property arising directly or indirectly from the Goods or its/their use; and
15.3 Any loss or liability incurred by Us resulting from possession, use or operation of the Goods by You.
15.4 If You have been requested by Us to provide to us Your Credit Card details at the time of You hiring the Goods from Us, You hereby irrevocably acknowledge and agree that We may charge against Your Credit Card all amounts which We may become liable for by reason of Your hiring of the Goods or which we may become entitled to recover against You under these Terms and Conditions including but not limited to where You have failed to pay the rental charge on time or at all or where You have damaged or failed to return the Goods to Us on time or at all.
16. Exclusion of Warranties
16.1 To the full extent permitted by law, all express and implied terms, conditions and warranties (other than the ones set out in these terms and conditions, are excluded).
16.2 We are not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the Goods by You or any other persons using the equipment during the hire period.
16.3 Whether or not Part 3-2 Div 1 (s 51 – 68) and Part 5-4 of the ACL, or any law to a similar effect applies, Our liability for anything in relation to the equipment and its use, including damage or economic loss, is limited, at its option to the replacement or cost of replacement of the Goods.
In these terms and conditions:
The singular includes the plural and vice versa;
‘ACL’ means the Australian Consumer Law;
‘Person’ includes firm, body corporate, unincorporated association or any other body or entity;
‘PPSA’ means the Personal Property Securities Act 2009 (Cth);
A referenced to either party includes that party’s legal personal representatives, successors and permitted assigns;
Headings are inserted for convenience only and do not affect interpretation.
And where the context permits, ‘Goods’ includes any accessories or other equipment