Website Terms

Website Terms

Last updated: 16 October 2024

Welcome to a good night’s sleep

Welcome to our home, koala.com. You may have found us by typing our URL into your browser or you may have been redirected here from another website. Whatever route you took to get here, now that you are here, we would love you to stay, have a cuppa, and take a look around. Before you do, there are a few things you need to read because you will be bound by these Website Terms if you continue to use our website. 

We are Koala Sleep Pty Ltd (ABN 18 605 237 090), but you can call us Koala. In these Website Terms, we also call ourselves “we”, “us” and “our” and we refer to you as… you guessed it, “you” or “your”.

These Website Terms apply to anyone who accesses our website, including our customers, suppliers, advertisers, service providers and anyone else who just wants to check us out online. We reserve the right to update these Website Terms at any time by updating this page. If you are concerned about any of these Website Terms, please do not access our website or provide your personal information to us until you have resolved your concerns.

First things first - your privacy

We collect personal information about you when you visit our website, communicate with us through our live chat function, purchase or offer to purchase products from us, participate in one of our promotions, when you contact us by email, telephone or letter or connect with us from other social media applications, services or websites.

The purposes for which we collect this personal information are set out in our Privacy Policy. Our Privacy Policy also explains how:

  • we store and use your personal information; 
  • you may access and correct your personal information;
  • you can lodge a complaint regarding the handling of your personal information
  • we will handle any complaint. 

If you would like any further information about our privacy practices, please view our Privacy Policy. 

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy. 

Our House Rules

When you visit our website you are our guest and, like any home, there are a few house rules that apply (also known as our Acceptable Use Policy). These rules are designed to protect you, protect us and protect our other guests.

It’s pretty simple, don’t break the law, respect our property and the property of others, and respect personal information and other people’s reputation. Also, you will not and will not encourage or facilitate anyone else to: 

  • do anything illegal through our website or when accessing our website;
  • gain unauthorised access to our systems, introduce malicious code or use our website as a platform for causing disruption to our systems or anyone else's systems or property;
  • attempt to alter the performance, functionality, information or content of our website;
  • use our website to annoy, defame, offend or harm us or anyone else;
  • attempt to access any data that you are not authorised to access;
  • copy, reuse or otherwise exploit any intellectual property on our website; or
  • provide us with inaccurate, incomplete or misleading information.

If you break our House Rules, you will no longer be welcome at our home. This means your right to access our website will end and we may prevent you from returning. We may also report your activity to the relevant law enforcement or regulatory authorities.

Restricting access

Like all homeowners, we are entitled to decide who can visit, for how long and we may ask a visitor to leave if they have overstayed their welcome. This means we reserve the right to restrict, suspend or terminate your access to our website, any content, or any feature of our website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

If we believe that any account for using our website has been misused by you or anyone else, we may delete that account (including any order or payment information associated with the account).

Our website is for personal use only

You are welcome to visit our website to check out what we sell and to purchase our products. But you can’t hold your own parties here or try to sell your own products from our front yard. In other words, our website is for your personal use only and you may not access or use our website for any commercial purpose. 

You must not access our website to: 

  • collect any data about other users or to collect any other data stored or generated by our website or its use (such as website traffic, cookies etc) - we respect the privacy of all our visitors;
  • copy or replicate any of our website content; or
  • create affiliate links or use our website for any advertising or advertising revenue generation on your own website.

Unless you have our prior written consent, you must not refer to our website in any information that you publish, including on your website (although you may link to our home page – see the Linking to our website section below) and you must not suggest that there is any commercial relationship between us or that we endorse your organisation, or any of your products, services or opinions.

Your Feedback

We love to hear your opinion on our products and services! We’ll contact you for a review after you have purchased a product from us and are always happy to hear your creative ideas, suggestions, and/or proposals (we refer to this as your “Feedback”). 

While we love to receive your Feedback, we are not so happy if you graffiti our front fence, dump rubbish in our front yard, park a stolen car in our driveway or pretend you are someone else when you knock on our door. This means any Feedback you provide must not:

  • say anything that is defamatory, illegal, misleading, abusive or just not nice;
  • include personal information, copyright, trademarks or any other intellectual property of someone else unless you have their permission to reproduce it on our website or otherwise provide it to us; 
  • breach our acceptable use policy (if you missed it, see the Our House Rules section above);
  • 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 Feedback.

We like to use your Feedback to improve our products, our services and our website. For us to do this, we need to know that you are providing your Feedback without any strings attached. When you provide your Feedback to us, you assign to us all your intellectual property rights in that Feedback and you agree that you will not claim any moral rights in that Feedback. This means that we can edit, copy, distribute, publish and use your Feedback for our own benefit and we are not required to pay you any compensation for your Feedback or associate your name with that Feedback. For example, if we use your Feedback to develop a new product that is highly profitable, you are not entitled to any payment or other compensation and we are not required to put your name on the product or let anyone know that you contributed to its design. We can even use your Feedback for purposes that you did not expect.

Reviews

We will publish your reviews on our website - provided they comply with our House Rules and these Website Terms - and will never use reviews to mislead. We will sometimes offer a discount or incentive to encourage you to give us a review. We’ll offer such discounts and incentives to all customers and we’ll make it clear that the discount or incentive is available whether the review is positive or negative. We will also make sure that people who read the reviews know that discounts and incentives have been offered to customers in exchange for a review.

Linking to our website

We would love you to direct people to our website so they can check us out. You may share a link to our home page on your website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 

By publishing such a link you must not suggest any form of association between us, or that we approve of or endorse your products, website or organisation. You must not establish a link to our website from any website that is not owned by you. You may not frame our website on your website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw this linking permission without notice.

Third party websites and tools

Our website may contain links to websites and tools supplied or operated by other people (we refer to each of these people as a “third party”). 

We provide the website links and tools because they may be useful to you, but we don’t endorse the websites, tools or associated products and services and we don’t provide any guarantees or promises in relation to their quality, accuracy or performance. This means that you use the website links and tools at your own risk. We are not liable to you or anyone else for any loss or damage that you suffer as a result of using any third party websites or tools that we make available to you on our website. 

If you use any third party websites and tools, your use will be subject to the third party provider’s standard terms and conditions (including any applicable privacy policy). Please review the third party's terms and conditions, policies and practices carefully and make sure you understand them before you access their website, use their tools or engage in any transaction with the third party. Complaints, claims, concerns, or questions regarding a third party’s websites, tools, products or services should be directed to the third party.

Accuracy of information

The information on our website is intended to provide you with a summary of our products and services. We aim to provide accurate and complete information. However, information changes from time to time and sometimes we make mistakes or change our mind about what we offer, how we do business and the terms that apply. 

In legal terms, this means that, to the extent permitted by law (including the Australian Consumer Law), we make no warranty regarding the information on our website and we are not liable to you or anyone else if information on the website is inaccurate, incomplete or not up-to-date.

Intellectual property, software and content

Homes that we live in are made of ‘bricks and mortar’ (in other words, physical property). Our website, which is our internet home, is made of text, graphics, logos, video, audio and software - this is intellectual property. The intellectual property rights in our website and all material made available on the site are our property or the property of our licensors, which are protected by trade mark and copyright laws and treaties around the world. 

If we were to visit you, we may take a photo of your home to remember the occasion. Likewise, you may store, print and display the content supplied on our website to help you remember your visit or to help you decide whether to purchase our products. But you cannot otherwise use or reproduce any of the intellectual property on our website or use any of our trade marks because this would be like us removing a brick from your home!

In legal terms, this means you are not permitted to:

  • publish, manipulate, adapt, distribute or otherwise reproduce, in any format, any of the content (or copies of the content) supplied to you or that appears on our website;
  • use any content (or copies of content) supplied to you or that appears on our website in connection with any business or commercial enterprise; or
  • modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Koala or its licensors. 

Security

Our website is publicly available, and you have access to it via the internet. 

We take steps to secure our website, but as we all know, the internet is not 100% secure and using the internet exposes computer systems to potential interference and damage. You access our website at your own risk and you must take your own precautions to secure your systems by putting in place anti-malware and other security that you think is appropriate. 

In legal terms, this means that to the extent permitted by law (including the Australian Consumer Law), we don’t make any promises that your access to our website will be uninterrupted, error-free or free from viruses, or that our website will be secure. We are not liable to you or anyone else if interference with or damage to any computer systems occurs in connection with the use of our website or a third party website or tool linked on our website. 

Our liability to you

We have created our website so you can check out our products and, if you like what you see, you can make a purchase. We comply with all laws that apply to our business in Australia and our dealings with you (including, if you are in Australia, the Australian Consumer Law and the Privacy Act). 

However, to the maximum extent permitted by law (and without limiting your rights under the Australian Consumer Law), we will not be liable for any loss, damage or expense (whether direct or indirect, and irrespective of how it is incurred) arising from or in connection with your use of our website or the information or materials contained on it (including any third party website links or tools), the inaccessibility of our website or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Indemnity

If you access our website and don’t comply with these Website Terms, then we expect you to be responsible if someone sues us or we suffer a loss because of this.

In legal terms, this means that, to the maximum extent permitted by law (including the Australian Consumer Law), you will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, in connection with or in respect of your breach of these Website Terms.

Miscellaneous

These Website Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia in relation to all matters relating to these Website Terms. 

These Website Terms, together with our Privacy Policy (and, where applicable, our Terms of Service and Promotion Terms), and any other legal notices or statements provided on our website, constitute the entire agreement between you and Koala with respect to your use of our website. 

If we do not exercise or enforce any right or provision under these Website Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Website Terms will only be effective if it is in writing from us. 

Any ambiguities in the interpretation of these Website Terms shall not be construed against us. 

We make no representation or warranty that the content of our website complies with the laws of any country outside of Australia. If you access our website from outside of Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access our website. 

If any part of these Website Terms is determined to be unlawful, void or unenforceable, such part shall be enforceable to the fullest extent permitted by law. Any unenforceable portion shall be deemed severed from these Website Terms and such determination shall not affect the validity and enforceability of any other remaining parts. 

Any questions? Please contact us! 

Please send your questions about these Website Terms to our Customer Service team at support@koala.com.