PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern The Goodnight Co.'s relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to The Goodnight Co. and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and The Goodnight Co.’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that The Goodnight Co. is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), The Goodnight Co.'s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of The Goodnight Co..
RETURNS AND REFUNDS
The Goodnight Co. handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us via our contact page within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased (must receive back in our warehouse within 30 days of purchase). Unopened, unused goods, in their original condition and packaging will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of The Goodnight Co..
Please send your items and invoice using tracked shipping as lost parcels will not be the responsibility of The Goodnight Co.. The Goodnight Co. is not responsible for the cost of return shipping, or refunding original shipping costs.
Please note, we can only process refunds, returns & replacement of product purchased from our online store (or our pop ups) whereby proof of purchase can be obtained on our system. We are not responsible for refunds, returns & replacement from any stockists. Please contact the original place of purchase for any enquiries. Please note, you may need to provide proof of purchase.
LINKS TO OTHER WEBSITES
The Goodnight Co. may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between The Goodnight Co. and the owners of those websites. The Goodnight Co. takes no responsibility for any of the content found on the linked websites.
The Goodnight Co.’s website may contain information or advertisements provided by third parties for which The Goodnight Co. accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of The Goodnight Co.. The Goodnight Co. expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then The Goodnight Co. will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. The Goodnight Co. reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
The Goodnight Co. expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and The Goodnight Co. concerning your use and access to The Goodnight Co.’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and The Goodnight Co. that results in litigation then you must submit to the jurisdiction of the courts of QLD.
GIFT VOUCHERS AND DISCOUNT CODES
Unless otherwise stated, gift vouchers and discount codes are valid for one year only. Unless otherwise stated, they are valid for one transaction only. Discount codes cannot be used in conjunction with any other offer and are only valid for the intended recipient where stipulated.
30 DAY MONEY BACK GUARANTEE ON SELECTED PRODUCTS
Terms and conditions of the 30 Day Money Back Guarantee can be found here.
CONDITIONS OF SALE FOR SLEEP RETREAT
1. Booking Policy
1.1 A booking at The Goodnight Co. Sleep Retreat is confirmed when a non-refundable deposit of $800 or greater is paid.
1.2 If a booking is made within three months of the start date of the Retreat, the whole amount is required to confirm the place.
1.3 If travelling internationally, guests should obtain full and comprehensive travel insurance to attend the Retreat including, but not limited to, overseas medical expenses and evacuation, trip cancellation and force majeure events if relevant.
1.4 Guests must be at least 18 years of age to attend the Retreat. Guests under 18 may be allowed to attend provided they are accompanied by a guardian 18+ years old and are approved by management.
1.5 By making payment of a deposit or full payment for any program at the Retreat, you are accepting The Goodnight Co.'s Terms and Conditions.
2. Guest Cancellation
2.1 If a guest cancels the booking, The Goodnight Co. will not issue a cash, cheque or credit card refund for any reason. As per cancellation schedule below, a portion of your payment can be used as store credit. If you would like to transfer your booking to another guest, we would be more than happy to do so. All cancellations and booking transfers must be received in writing via email.
2.2 Cancellation schedule
- If a guest cancels 90+ days from the start of the booked retreat date, 100% of the payment (less non-refundable deposit – $800) can be applied to another retreat to be used within one year from the date of booking.
- If you cancel 60-89 day before the start date of your booked retreat, 75% of the booking fee (less non refundable deposit – $800) can be applied to another retreat date to be used within one year from the date of booking. With 25% of the overall price being forfeited.
- If you cancel 15-59 days before the start of the booked retreat date, 40% of your payment (less non refundable deposit – $800) can be applied to another retreat date to be used within one year from the date of booking. With 60% of the overall price being forfeited.
- If you cancel 14 days or less before the start of the booked retreat, you will forfeit the full amount of the retreat package price.
2.3 Exceptions the cancellation policy cannot be made for any reason. We do not offer any credit for arriving late or departing early, missing activities or not utilising any part of the program.
3. The Goodnight Co. Cancellation Policy
3.1 If The Goodnight Co. cancels or changes a scheduled retreat date for any reason, excluding force majeure (see clause 3.2), you may transfer your full payment to another retreat date within 12 month period, pending availability. The Retreat is not responsible for any expenses incurred in preparation of the cancelled retreat, i.e. airplane tickets, illness, loss of work etc.
3.2 The Goodnight Co. will not be liable for cancellation, failure of, or delay in performing it’s obligations under this agreement due to force majeure events (earthquake, hurricane, cyclone, flooding, or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labour dispute or strike, government sanction, blockage, embargo or epidemic) or if certain conditions present unacceptable danger to the participant.
3.3 In the event of a cancellation or refund, The Goodnight Co. will not be responsible for any currency fluctuations and will refund the original amount that was invoiced.
MOBILE PROGRAM TERMS OF SERVICE
Mobile Message Service Terms and Conditions
Last updated: 6th October 2021
The Goodnight Co. Pty Ltd mobile message service (the "Service") is operated by Klaviyo, Inc. (“ The Goodnight Co. Pty Ltd ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.), promotions, specials, and other marketing offers (e.g., cart reminders)] from The Goodnight Co. Pty Ltd via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Click the unsubscribe link in any text message to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other The Goodnight Co. Pty Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, reply HELP or email info@thegoodnightco.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.