Terms of service

By using this website (www.arisesleep.com.au), you agree to abide by and be bound by these terms and conditions of use ("Terms"), along with our Privacy Notice which is an integral part of these Terms. If you do not agree with any part of these Terms, please refrain from using this Website.

Scope

In these Terms, "you" refers to the individual accessing or using this Website. References to "we," "our," "us," and "Arise" collectively refer to Arise Pty Ltd (ABN: ).

These Terms outline our services ("Services") and your responsibilities when purchasing or using products listed on our Website.

Privacy

For details regarding how we collect, use, and disclose personal and non-personal information, please refer to our Privacy Policy.

Disclaimer on Medical Emergencies

This Website is not intended for medical emergencies. In case of an emergency, please contact your local emergency services immediately.

Medical Disclaimers

The content provided on this Website is for informational and educational purposes only. It does not replace professional medical advice, diagnosis, or treatment. Arise provides general information about sleep, conducts sleep testing services, and sells products designed to treat sleep disordered breathing. Use of the Content does not establish a doctor-patient relationship. Your reliance on any information provided on this Website is at your own risk. Arise and its content providers do not assume any liability for damages or injuries arising from the use of any product, information, idea, or instruction contained in the Content.

Ordering from Us

Our Website and these Terms apply to consumers purchasing Products for delivery within Australia.

You may purchase Products for personal use or as a caregiver, but not for resale. By placing an order, you confirm that you are not purchasing for resale purposes.

Ordering through our online checkout process constitutes placing an order with us. We will acknowledge your order once payment is validated. We reserve the right to refuse an order if the Products are unavailable, payment authorization fails, there is a pricing error, or if you do not meet eligibility criteria.

If we cannot supply a Product within a reasonable time frame, we will notify you and provide a full refund, including delivery costs if applicable.

Pricing and Payment

All prices are in Australian dollars unless stated otherwise, and are subject to availability. Prices displayed on the Website are valid for online purchases only.

Delivery charges, if applicable, will be specified during the online checkout process.

We accept payments by credit card, direct deposit, or other methods specified on the Website. Your payment will be processed upon order confirmation.

We do not retain credit card details. Payments are processed securely by a third-party Payment Card Industry accredited provider.

Returns and Refunds

Please choose carefully as all sales are considered final and non-refundable, due to the specific costs we incur to fulfil each purchase. We encourage you to review your selection thoroughly before completing your order. This policy does not, however, limit your rights under the Australian Consumer Law.

Under the Australian Consumer Law, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For more information on your consumer rights, please visit www.consumerlaw.gov.au.

No refunds or returns will be provided for change of mind, incorrect selection, or minor delays in delivery.

Delivery

We aim to dispatch all in-stock orders within 1 working day of payment receipt. Delivery times may vary due to factors beyond our control.

Delivery charges are specified during the ordering process.

Risk and Title

Risk of loss or damage to Products passes to you upon delivery to our carrier.

Title to the Products remains with us until full payment is received.

Consumer Rights under Australian Law

If you acquire Services from us for personal use, you may have statutory guarantees under Australian Consumer Law. For more information, visit www.consumerlaw.gov.au.

Intellectual Property Rights

Ownership

All Content on this Website, including Intellectual Property Rights, belongs to Arise, its affiliates, licensors, or designated owners, and is protected by applicable intellectual property laws. Unless otherwise stated, Content on this Website is copyrighted and may not be used without our written permission.

Authorized and Prohibited Uses

You may download and print Content for personal, non-commercial use, provided you do not modify or alter it. Except as permitted by these Terms, you may not reproduce, sell, publish, distribute, modify, display, or use this Website or its Content without our prior written consent.

User Content

Any content you submit to this Website or Arise (User Content) is non-confidential. By submitting User Content, you grant Arise a worldwide, royalty-free license to use, reproduce, sell, publish, distribute, modify, adapt, display, and link to the User Content.

You warrant that you have the rights to submit User Content and comply with applicable laws regarding intellectual property.

Registration and Passwords

Certain parts of the Website may require registration and password. You are responsible for maintaining the confidentiality of your password and account. Notify us immediately of any unauthorized use of your account.

Linking

You may only link to the homepage of this Website without framing. Any other linking requires our prior written consent. We may request removal of links we deem inappropriate.

Access and Changes

We aim to keep the Website accessible, but it may be unavailable for maintenance or other reasons. We may change or discontinue any aspect of the Website at any time without notice.

Your Obligations

You agree to comply with all applicable laws, and not to submit illegal, inaccurate, misleading, or offensive content to our Website. Do not damage or attempt to interfere with our Website's security or systems.

Warranty Disclaimers

This Website and its Content are provided "as is." Arise disclaims all warranties, express or implied, including but not limited to fitness for a particular purpose, merchantability, title, non-infringement, and accuracy.

Limitation of Liability and Remedies

Arise's liability is limited to discontinuing your use of the Website. We and our vendors are not liable for direct, indirect, special, incidental, consequential, or exemplary damages arising from your use of the Website or Services.

Indemnification

You agree to indemnify and hold harmless Arise, its affiliates, officers, directors, employees, and contractors from any claims arising from your use of the Website or breach of these Terms.

Third-Party Sites and Information

This Website may contain third-party content and links. We are not responsible for these sites' content, accuracy, legality, or decency.

Separate Terms

Additional terms may apply to specific Content or areas of the Website.

Modification of Terms

These Terms may be updated from time to time. We will post changes for 30 days. Continued use of the Website after changes constitutes acceptance.

General

These Terms constitute the entire agreement between you and Arise. We may modify Terms at any time and impose new terms. If any provision is found invalid, remaining provisions will remain in effect.

Contact Us

For questions about these Terms or the Website, contact us at info@arisesleep.com.au