OVERVIEW

Welcome to sleepywinks.com. These terms and conditions apply to this website (the “Site”), owned and operated by SleepyWinks Pte Ltd, and its related companies and assigns (“SleepyWinks”, “we”, or “us”).

Registered Address: 105 Cecil Street, Lev 18 Suite 1868, Singapore 069534.

These terms and conditions, including any modification thereof, (these “Terms”) govern your use of the Site including, the purchase of any products (“Products”) and the use of any services made available by us. The Site and our services are collectively called the “Services”.

Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms, including any modified terms and conditions. If you do not agree to these Terms, then you must exit the Site and discontinue any use of the Services or Products obtainable through the Site.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the provisions contained therein.

CHANGES TO THESE TERMS OR SERVICES

We reserve the right to modify or update these Terms, at any time in our sole discretion. If we do so, we will post them on the Site and the modified Terms shall take effect immediately. It is your responsibility to check this page periodically. If you continue to use the Services after we have posted the modified Terms, you are indicating to us that you conclusively agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you must not use the Services anymore. We reserve the right to change or discontinue all or any part of the Services, at any time in our sole discretion.

PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by this reference.

WHO MAY USE THE SERVICES

By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and legally capable of entering into binding contracts. If you are under the age of majority in your state or province of residence (i.e. if you are a minor), you cannot use the Services unless you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms.

LIMITED LICENCE, SERVICES ACCESS & PROHIBITIONS

Subject to your compliance with these Terms, we grant you a temporary, limited and revocable licence to access and use the Services for personal, non-commercial use, and that all orders are for personal consumption or for gifts only.

You shall not: (a) resell or make any commercial use of the Site or any of the Content on the Services; (b) reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of it; (c) copy, reproduce, imitate, distribute, publish, download, display, perform or transmit any of the Content on the Services (including any marks) in any form or by any means; (d) transmit or publish through the Services any User Content that violates or infringes the copyright, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (e) transmit or publish through the Services any User Content that is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable laws; (f) cause annoyance to other users; (g) transmit or publish unsolicited advertising or promotional material; (h) transmit any User Content that contains bugs, viruses, Trojan, spyware, malware, or any other technically harmful material; (i) use any automated systems or software to extract or otherwise collect data from the Services or any other user of the Services; (j) use the Services in an illegal way or to commit illegal act in relation to the Services or that otherwise result in penalties and other liability to us; or (k) access the Services from a jurisdiction where they are illegal or unauthorized.

Any breach of these Terms shall result in the immediate revocation of this licence without notice to you.

TRADEMARKS AND INTELLECTUAL PROPERTY

The entire content included on the Services, including but not limited to, texts, images, photographs, illustrations, graphics, icons, video clips, all codes and software, and other material, and their arrangement, compilation and presentation (collectively the “Content”, excluding User Content as defined below), including all associated intellectual property rights, is the exclusive property of SleepyWinks, or its licensors, or its suppliers, or third party providers.

SLEEPYWINKS.COM, REBALANCE, logos, slogans, icons and designs are service names, product names, trade names, trademarks or registered trademarks of SleepyWinks, or its licensors, or its suppliers, or third party providers, and are protected by Singapore and international intellectual property laws. You must not use any of our marks, or use them in any meta elements of a website, without our express written consent.

We respect the intellectual property rights of others, and require our users to do the same. If you believe your intellectual property rights have been infringed, please contact us at hello@sleepywinks.com

USER SUBMITTED CONTENT & CONTENT OWNERSHIP

The Services may allow you to submit comments, reviews, photographs and images, multimedia contents, ideas, suggestions, or similar materials to be made available through the Services (collectively, “User Content”). However, any User Content you submit to the Services must not harass, slander, libel, defame, threaten or otherwise violate any rights of any third parties, and must not include any obscene, indecent, pornographic, unlawful, or technically harmful or malicious material.

We do not claim ownership rights in any User Content. You are solely responsible for all your User Content.

However, by submitting User Content on the Services, you hereby grant us an unrestricted, assignable, transferable, worldwide, royalty-free, perpetual, irrevocable licence to use, copy, host, store, reproduce, distribute, transmit, publicly display, publicly perform, adapt, and create derivative works from such User Content. You further grant us the right and royalty-free licence, but without the obligation, to use the name, image, and likeness of any person identifiable in any User Content you submit to the Services.

By submitting User Content, you waive any and all rights of publicity, privacy or any other rights of a similar nature. You represent, warrant and covenant that (a) you either are the sole and exclusive owner of the User Content that you submit to the Services, or you have all rights, licences, consents, and releases that are necessary to grant us the rights in your User Content as contemplated under the Terms, and (b) the User Content you submit to the Services do not (b1) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or property rights, (b2) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation, or (b3) require us to obtain any licences from or make any payments in any amounts to any third party throughout the world.

PARTICIPATION DISCLAIMER

We have no obligation to monitor the Services and, do not and cannot review all communications and User Content submitted by users accessing the Services and, are not in any manner responsible for, nor undertaking any obligation or liability relating to, the content of these communications and User Content. However, we reserve the right to review any User Content and remove, delete, redact or otherwise modify such User Content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. We have no obligation to display, or post, or remove, any User Content on the Services. Subject to our Privacy Policy, we reserve the right to disclose, at any time and from time to time, any information or posted User Content that is deemed necessary or appropriate, including without limitation to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request.

The Services provide you with the ability to interact with optional third-party social media features and services, such as through Facebook “Like” buttons, and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profile on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using such features made available to you on or through our Services. Links to these third-party features and services is provided on a “as is” and “as available” basis 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 these third-party features and services.

THIRD-PARTY LINKS

In an attempt to provide increased value to users, the Site may contain links to other websites or resources that are owned and/or operated by third parties. We provide these links only as a convenience, and you acknowledge that we are not responsible for the operation of, or the content, product, or services available on or through, any such websites, all of which have privacy and data collection practices that are separate and independent of us. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third party websites or resources.

TERMS OF SALE         

Through the Services, you will be able to browse our Products and place orders. The Products displayed on the Services are purely invitations to you to make offers to purchase and are not offers to sell. All orders that you place on the Site will be subject to acceptance in accordance with these Terms.

All charges payable are in the currency as stipulated on the Site. You can view the Products in various currencies, but this will not affect what currency you will be asked to pay in. The currency you pay in is Singapore Dollar (SGD). If the currency of your payment method is not in SGD, the actual charges that appear on the statement of your payment method will be that converted to the currency of your payment method, and may include associated fees or charges from your issuer bank. The exchange rate used by your payment method may not be identical to the real-time market rate.

You shall pay for the Products by supplying us, payment details from a payment card company or other payment method we have expressly indicated is acceptable on the Site and, other details necessary to complete the order. You undertake that all details provided are true and correct, the payment card or payment account belongs to you, and that there are sufficient funds or credit available to cover the cost of the Products you ordered.

Each time you place an order on the Site, you reaffirm your acceptance of the then-current Terms, and your agreement to be bound hereby. As such, you are solely responsible for reviewing the latest Terms each time you place your order. Your order remain valid only as an offer until we accept your order in accordance with these Terms.

After you place an order, you will receive an e-mail from us which indicates confirmation of order and containing details such as an order reference number, the Products you ordered, and other information related to your order, and this e-mail is purely for information purposes and does not constitute our acceptance of your order.

Subject to order cancellation rights provided for in these Terms, our acceptance of your order and the completion of the contract between you and us, will take place on dispatch to you the Products you ordered, at which point you will receive an e-mail from us which indicates shipment notification. Until such time when we accept your order, we reserve the right, without any or further notice, to refuse to accept your order for any reason, including unavailability of Products, and you reserve the right to cancel your order. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit quantities of Products per user or per order.

If you wish to cancel your order, please contact us immediately at order@sleepywinks.com. Please refer to Shipping & Refund Policy for more details. When an order cancellation is successful, we will refund any payment made by you, or your payment company, in the amount charged for the order.

Whilst we try to ensure that all details, descriptions and prices which appear on the Site are accurate, errors may occur. If we discover an error in the price of any Product which you have ordered we will notify you of this via e-mail as soon as possible, and provide you the options of either, re-placing a fresh order on the Site at the correct price or, cancelling the order. If we are unable to contact you, or do not receive a response from you, we will treat the order as cancelled and refund your payment method in the amount of incorrect price charged for the order.

Please check our Shipping & Refund Policy for more details, and the countries we do ship to. If you order from outside Singapore, you are responsible to pay for any charges that might apply from customs (e.g. GST, VAT, import tax, duty) or other government agencies of your country. As such, we strongly suggest that you check your local import laws before ordering. We will not be liable for packages refused, seized, or held by your local customs, and in such an event, there will be no refund provided for the Products.

All ownership, title and risks of loss and/or damage in the Products purchased shall pass to you at the point and time at which the Products are dispatched to you.

 

PRODUCTS

Images of the Products displayed on the Services are for illustration purposes only. We cannot guarantee that the display of colours and styles of the Products on your computer monitor, or on any other electronic devices you use to access the Services, will be accurate. The Products you ordered, including the packaging, may vary slightly from those displayed on the Services, and will not include any of the pictured accessories, unless stated in the specification of the Products. All measurements are approximate, although we make every effort to ensure that they are as accurate as possible.

The Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities, and their stock may or may not be refreshed. We reserve the right to (a) limit the sales of our Products to any person, geographic region or jurisdiction, and we may exercise this right on a case-by-case basis, (b) limit the quantities of any Products that we offer and, (c) limit or prohibit order that, in our sole judgement, appear to be placed for commercial use.

We reserve the right to: (a) change descriptions of Products or Product pricing and, (b) to make changes to, or to discontinue, any Product; at any time without notice, and at our sole discretion. You understand and accept that the Products are standard and not made bespoke to fit any particular requirements that you may have. As such, results, including Product effectiveness, may vary from person to person. We will not be responsible for results below or different from your expectation.

The Content provided on the Services are solely for informational purposes. You are solely responsible to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment for any health related condition. Opinions expressed on the Services are that of the user expressing such opinions.

DAMAGED PRODUCTS

Although we take steps to deliver the Products to you in the best possible condition, should you discover that you have received a Product that is physically damaged, you agree to keep the Product in its current condition for our inspection. You shall promptly email us at order@sleepywinks.com with the necessary information, including, (a) you specifying with reasonable details, including photographs, the way in which the product is alleged to be damaged, and (b) you providing us with the order reference number, the order tracking information, and such other information which we may require.

Upon our confirmation that physical damage to the Product is caused by factors outside your control, your order will be eligible for a refund or a replacement at our sole discretion. In the event we choose to, you agree to return the damaged Product to us. When the said Product is physically in our warehouse, we will refund or replace the Product.

In any event, if more than 30 days have passed from the date of outbound delivery notice, unfortunately we cannot offer you a refund or replacement.

ORDER REFUND

For more details, please refer to our Shipping & Refund Policy.

INTERNATIONAL USE

We do not represent that the Content or Products on the Services is appropriate or available for use in other locations. You are solely responsible for complying with your local laws and regulations.

ERRORS, INACCURACIES & OMISSIONS

We make every effort to present the most recent and accurate information on the Services. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, offers, promotion or availability. Any errors are unintentional and we reserve the right to amend errors or to update those information at any time without notice. In the event a Product is listed at an incorrect price due to any error, we reserve the right to refuse or cancel orders placed for any Product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has been charged for the order and your order is cancelled, we will issue a credit to your payment method in the amount of the charge.

TERMINATION

Notwithstanding any of these Terms, we may immediately terminate your licence to access and use the Services, in our sole discretion, at any time and without notice to you. Upon termination, discontinuation or cancellation, of your licence to access and use the Services, you shall immediately cease all access to and use of the Services. Any such termination shall not affect the respective rights and obligations, including without limitation any payment obligations, of the parties arising before the termination.

NO WARRANTY, DISCLAIMERS & LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES, CONTENT, AND YOUR PURCHASE OF PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF TRANSACTIONS CONDUCTED ON OR THROUGH THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE MADE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF TECHNICALLY HARMFUL MATERIALS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO, THE AVAILABILITY AND THE PRICING OF PRODUCTS SOLD VIA THE SERVICES. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITIES FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER WRITTEN OR OTHERWISE, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES OR PRODUCTS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THEM.

WE MAKE NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE. THE PRODUCTS ARE NOT INTENDED AS A REPLACEMENT FOR MEDICAL OR PSYCHOLOGICAL TREATMENT, AND ARE NOT INTENDED FOR DIAGNOSING OR TREATING ANY DISEASE OR MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR HEALTHCARE PROVIDER TO DETERMINE THE BEST COURSE OF TREATMENT FOR YOU. IF YOU ARE TAKING PRESCRIPTION MEDICATION, OR ARE PREGNANT OR BREAST-FEEDING, CONSULT YOUR DOCTOR PRIOR TO USING THE PRODUCTS. IF YOU ARE ALLERGIC TO ANY OF THE INGREDIENTS LISTED ON THE LABEL, DO NOT CONSUME THE PRODUCT.

In no event shall SleepyWinks, its related companies, assigns, licensors, licensees or any other party involved in creating, producing, or delivering the Services, Content or Products, be liable to you for any direct, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SleepyWinks or any such afore-mentioned party has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms, we are found liable to you for any damage or loss which arises out of or is in any way connected with your use of, or your inability to use, the Services, Content or Products, our liability to you shall not exceed the amounts you have paid to us in the one (1) month period prior to the date of the initial claim made against us, or one hundred SG Dollars (S$100), whichever is lower.

THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

INDEMNIFICATION

You agree to defend, indemnify and hold completely harmless SleepyWinks, its related companies, assigns, and their respective directors, officers, employees, and agents, from and against all demands, loss, claims, damages, liabilities, or expenses (including legal fees) made against us by any third party due to or arising out of or in connection with your use of the Services.

GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed and construed in accordance with the laws of Singapore.

You agree that any dispute relating in any way to these Terms or the Products you purchase through the Site shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. You agree not to bring or participate in any class action. The arbitrator’s award shall be final and binding and may be entered as a judgement in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with these Terms or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

The arbitration, including all correspondence and dealings between us, shall be conducted in the English language.

Except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, or the intellectual property rights of our licensors, licensees or any other party involved in creating, producing or delivering the Services, Content or Products, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.

REMEDIES

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, legal fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, legal fees, and expenses.

No instance of waiver by us of our rights or remedies under these Terms shall imply any obligation to grant any similar, future or other waiver.

NOTICES & COMMUNICATIONS

When you use the Services, or sends us e-mails, you are communicating with us electronically, and you accept that communication with us will be mainly electronic. We will communicate with you by posting notices on the Site or by e-mail at the address you have provided us. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communication be in writing.

SEVERABILITY

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any term or provision of these Terms is to any extent invalid, or for any reason unenforceable, such term or provision shall be excluded to the extent of such invalidity or unenforceability, and all other terms and provisions hereof shall remain in full force and effect, and, to the extent permitted and possible, the invalid or unenforceable term or provision shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision.