Last Updated: 07/30/2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use (Terms) set out the rules for your access to and use of this website https://ozlosleep.au as well as any other media form, media channel, mobile website or mobile application connected to this website (collectively, the Site).

TABLE OF CONTENTS

1. WHO WE ARE AND HOW TO CONTACT US
2. BY USING THIS SITE YOU ACCEPT THESE TERMS
3. OTHER TERMS THAT MAY APPLY TO YOU
4. WEBSITE USE AND CONTENT
5. YOUR USE OF THE CONTENT ON THE SITE
6. PRODUCTS
7. YOUR ACCOUNT INFORMATION
8. WHAT YOU MAY NOT DO ON THE SITE
9. UPLOADING YOUR CONTENT TO THE SITE INCLUDING REVEIWS
10. RIGHTS YOU GIVE TO US TO USE CONTENT YOU UPLOAD
11. LINKING TO THE SITE
12. SITE MANAGEMENT
13. HOW WE USE YOUR PERSONAL INFORMATION
14. OPERATION OF THE SITE AND TERMINATION
15. OUR RESPONSIBILITY TO YOU IF YOU SUFFER LOSS OR DAMAGE
16. GOVERNING LAW AND DISPUTE RESOLUTION
17. CONTACT US

1. WHO WE ARE AND HOW TO CONTACT US

This Site is operated by Brand Access, LLC (we, us or our). We are registered in California, United States and have our registered office at 900 High Street, Palo Alto, CA 94301. Our VAT number is NL824361222B01.

You can contact us at info@brandaccess.com or by post at the address in the Contact Us section below.

2. BY USING THIS SITE YOU ACCEPT THESE TERMS

By accessing the Site, you confirm that you have read these Terms and that you agree to comply with them. If you do not agree with any part of these Terms, then you must not use the Site.

We recommend that you print a copy of these Terms for future reference.

3. OTHER TERMS THAT MAY APPLY TO YOU

These Terms refer to the following additional terms, which also apply to your use of the Site:

• Our Privacy Policy https://ozlosleep.au/pages/privacy-policy, which details the information we may gather about you and your visit to the Site.
• Our Cookies Policy https://ozlosleep.au/pages/cookie-policy, which sets out information about our use of cookies on the Site.
• Our Acceptable Use Policy https://ozlosleep.au/pages/acceptable-use-policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with our Acceptable Use Policy.
• Our Terms and Conditions of Sale https://ozlosleep.au/pages/terms-and-conditions which apply where you purchase goods from the Site https://ozlosleep.au.
• Our Returns Policy https://ozlosleep.au/pages/return-policy, which applies if you wish to return products to us that you have purchased through the Site.
• Our Warranty Policy https://ozlosleep.au/pages/limited-warranty-aus, where applicable to the products you have purchased from the Site.

We may make changes or modifications to these Terms from time to time. We will make you aware of any changes by updating the “Last updated” date at the start of these Terms. Please ensure that you check the applicable Terms every time you use the Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

4. WEBSITE USE AND CONTENT

The information contained on this Site is provided for information only on an “AS-IS” basis. It is not intended to amount to advice on which you should rely. Although we aim to provide information that is accurate and up to date, we do not guarantee to do so. To the fullest extent which the law allows, we exclude all warranties and representations of any kind with respect to this Site and its contents.

We may change, remove or adapt the content of the Site at any time and without notice in advance. We do not guarantee that the Site, or any of its content, will be available on a permanent basis or without interruption. We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or the information you may obtain from them. We have no control over the contents of those sites or resources.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

5.  YOUR USE OF THE CONTENT ON THE SITE

Unless otherwise indicated, we are the owner or the licensee of all the intellectual property in the Site including:

• all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics and any other material on the Site (collectively, the Content).
• the trademarks, service marks, and logos contained therein (the Marks) which are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions, including those of the European Union (EU),United Kingdom (UK) and Australia.

Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You must not modify the paper or digital copies of any Content you have printed off in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

6. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, the electronic display on your device may not accurately reflect the actual colors, features and details of the products.

If a product does not meet your expectations, please refer to our Returns Policy https://ozlosleep.au/pages/return-policy for information on how to request a return and refund.

7. YOUR ACCOUNT INFORMATION

If you choose, or you are provided with, a user identification code, password or any other account-related information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at info@brandaccess.com.

8. WHAT YOU MAY NOT DO ON THE SITE

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. For further information on the ways in which you may use the Site and any prohibited activities please read our Acceptable Use Policy https://ozlosleep.au/pages/acceptable-use-policy. Engaging in any prohibited activities may result in account suspension or termination. Furthermore, we reserve the right to take appropriate legal action if necessary.

9. UPLOADING YOUR CONTENT TO THE SITE INCLUDING REVIEWS

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, review, ideas, feedback or personal information or other material (collectively Contributions).

In connection with these Contributions, Drowsy Digital, Inc. d/b/a Ozlo is merely the hosting provider and shall not be held responsible or liable for the content of the Contributions itself. You are solely responsible for securing and backing up your content. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

Contributions may be viewable by other users of the Site and through third-party websites. When you create or make available any Contributions you must comply with the content standards set out in our Acceptable Use Policy.

Any Contribution made to the Site will be considered non-confidential and non-proprietary and we may use any information including personal data that you provide us following the terms of our Privacy Policy and your choices (including settings). You will retain ownership of any rights you may have in such Contributions, but you are required to grant us a limited license to use, store and copy the content of your Contribution and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights or of their right to privacy.

We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

If you wish to contact us in relation to content you have uploaded to the Site and that we have taken down, please contact info@brandaccess.com.

10. RIGHTS YOU GIVE TO US TO USE CONTENT YOU UPLOAD

When you upload or post Contributions to the Site, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media to expire when you delete the content from the Site.

11. LINKING TO THE SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to link to or make any use of content on the Site other than that set out above, please contact info@brandaccess.com.

12. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the products we offer via the Site.

13. HOW WE USE YOUR PERSONAL INFORMATION

We care about data privacy and security. We will only use your personal information as set out in our Privacy Policy: https://ozlosleep.au/pages/privacy-policy

14. OPERATION OF THE SITE AND TERMINATION

These Terms shall remain in effect while you use the Site. We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Site, or any portion of the Site, or the agreement between you and us under these Terms of Use, for any reason including but not limited to for your violation of these Terms of Use; (ii) modify or change the Site, or any portion of the Site; (iii) interrupt the regular operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Site required for, inter alia, changes to the technical environment or functionalities, changes in the number of users or improvements to the services.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. OUR RESPONSIBILITY TO YOU IF YOU SUFFER LOSS OR DAMAGE

We do not exclude or limit in any way our liability to you where it would be unlawful to do so, for example in some countries including those of the EU, EEA and UK it is unlawful to limit or exclude our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.

Please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of The Netherlands. However, this does not affect any mandatory applicable consumer rights you may have under the laws of your country of residence.

You may bring any dispute which may arise under these Terms to either the competent court of Amsterdam, the Netherlands, or to the competent court of your country of habitual residence. Brand Access shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State or you live in the UK or otherwise the competent court of Amsterdam, the Netherlands.

In the event of a dispute between you and Brand Access, we encourage you to contact us directly. If we are unable to resolve the dispute through direct communication, you may have the option to utilize the Online Dispute Resolution (ODR) platform provided by the European Commission where you are resident in an EU Member State. The ODR platform is designed to facilitate the resolution of disputes arising from online transactions without the need for court intervention. You can access the ODR platform here. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. For residents in the UK, we are not obliged to use an Alternative Dispute Resolution (ADR) provider and, as we receive few complaints that are not resolved, we have decided not to subscribe to an ADR scheme at this stage.

17. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Brand Access, LLC
900 High Street
Palo Alto, CA 94301
United States
Phone: (+1)8773022237
info@brandaccess.com