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Terms & Conditions

Thank you for visiting our website. This website is owned and operated by BED THREADS LINEN PTY LTD (ABN 50619946995).. By accessing and/or using this website, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means BED THREADS LINEN PTY LTD.

Registration

You may choose to be a registered member to make orders and access certain features of our website.
When you register and activate your account, you will provide us with personal information such as your name, email address, phone number, mailing address and date of birth. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you create an account you will be required to enter your email address as the user name and create a password. We encourage you to use "strong" passwords i.e. passwords that use a combination of upper and lowercase letters, numbers, and symbols. You must notify us immediately of any breach of security or unauthorised use of your Account. We will not be liable for any losses caused by any unauthorised use of your User Account. You are responsible for keeping your user name and password secure and are responsible for all use and activity carried out under this user name. When registering an account with us you have the option to subscribe to our mailing list. You are free to unsubscribe to our mailing list at any time by following the ‘unsubscribe’ link at the bottom of our newsletter emails.To create an account, you must be:

  • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us; and
  • agree and warrant to use the website in accordance with these Terms.

 

Collection notice

We collect personal information about you in order to respond to your enquiry, process your account registration and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [will add email address here].

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

Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Promotions and Competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Boxing Day Offer:

Offer for a limited time only from 00:00 21/12/22 AEDT. 20% discount applied with code TREAT at checkout. Save 36% on Bedding Bundles with a further 20% discount on top of the in-built 20% discount, with the code TREAT. Save 28% on Table Bundles with a further 20% on top of the in-built 10% discount, with the code TREAT. This offer is valid sitewide at uk.bedthreads.com and cannot be used in conjunction with any other discount code. Discount code applies to all linen items and Bed Threads branded homewares. Gift cards, prints, books from third-party publishers and Gallery artworks excluded. Until stocks last.

Bed Threads Clearpay 10% Off Offer

The discount code CLEARPAY10 is valid at uk.bedthreads.com from Thursday, 27th October 2022 for a limited time only. The code cannot be used in conjunction with any other discount code and is not applicable on gift card purchases. Please enter the discount code at checkout for it to apply. 

Black Friday Offer: Offer for a limited time only. 15% discount applied with code BEDTIME at checkout. Save 32% on Bedding Bundles with a further 15% discount on top of the in-built 20% discount, with the code BEDTIME. Save 23.5% on Table Bundles with a further 15% on top of the in-built 10% discount, with the code BEDTIME. This offer is valid sitewide at uk.bedthreads.com and cannot be used in conjunction with any other discount code. Discount code applies to all linen items and Bed Threads branded homewares. Gift cards, prints, books from third-party publishers and Gallery artworks excluded. Until stocks last.

Bed Threads Biggest Ever Giveaway | February-March 2023

Promotion

Bed Threads Biggest Ever Giveaway

Company

BED THREADS LINEN PTY LTD

Uk.bedthreads.com 

ABN 506 199 469 95

Promotion Dates

28/02/23 00:00:00 GMT - 09/03/23 23:59:59 GMT. 

Eligibility

Entry is open to United Kingdom residents over the age of 18.

Employees, pets of employees, immediate family members of employees and employees of any company associated with the Promotion are ineligible to enter.

Entry

The promotion commences on 00:00:00 AM GMT Tuesday 28th February 2023 and entries close on 23:59:59 PM GMT Thursday 9th March 2023 (Promotion period).

To enter, participants must complete an entry via the Competition landing page on the website (uk.bedthreads.com/pages/competition) with no more than 1 entry per phone number. Entrants must consent to being contacted via text message for marketing purposes in order to enter.

Prizes and Winning

The random prize draw will take place at 14-16 / 108 Dunning Avenue, Rosebery 2018.

One winner will be drawn at random using a Random Number Generator.

The winner will receive the following prize pack valued at over £500:

  • A Bedding Bundle of winner’s choice
  • A Table Bundle of winner’s choice  
  • Bathroom Refresh (1 Bath Towel, 1 Hand Towel, and 1 Bath Mat)

Prize Conditions

The selected winner will be announced on the Competition landing page on the website (uk.bedthreads.com/pages/competition) on Friday 10th of March at 2:00:00 AM GMT. The winner will also be privately contacted at the email address/mobile number provided within four business days of the draw.

Any breakages or loss of product at the fault of the customer, will not be replaced.

This giveaway is only applicable to Bed Threads’ product offer as of March 2023.

This giveaway is only for Bed Threads products and is not redeemable for cash.

Bed Threads x Who Gives a Crap Competition | October 2022

  1. This offer gives two entrants the chance to win a prize pack which includes: one Who Gives A Crap 48-roll bamboo TP box, 12 boxes of tissues, Dream Cloth pack, Good Time Total Hair & Body Bundle, plus a bedding set, classic robe and towel set from Bed Threads, with a total value of AUD$776 when the entrant follows Who Gives A Crap @whogivesacraptp, Good Time @goodtimebody, and Bed Threads @bed.threads on Instagram and tags friends on any of the Competition Posts on those accounts within the Competition Period (Competition). 3 bonus entries will be given if you share the post on your stories and tag any one of the promoters. 

Definitions

  1. Competition Period means between 7am on 21st October 2022 AEDT and 11:59pm on 28th October 2022 AEDT;
  2. Competition Post means a post by Who Gives A Crap, Good Time and/or Bed Threads on their Instagram account about the Competition;
  3. Entrant or You means someone over 18 years old who lives in Australia, United Kingdom, USA or the EU and enters the Competition;
  4. Prize means one Who Gives A Crap 48-roll bamboo TP box, 12 boxes-pack of tissues, Dream Cloth pack, Good Time Total Hair & and Body Bundle from Good Time, plus a bedding set, classic robe and towel set from Bed Threads (Prize Pack) ;
  5. Promoters mean Who Gives A Crap and Bed Threads
  6. Who Gives A Crap means Good Goods Pty Ltd ABN 67 154 870 452 trading as Who Gives A Crap, Suite 816, 585 Little Collins St, Melbourne, Victoria 3000.
  7. Good Time means Good Goods Pty Ltd ABN 67 154 870 452 trading as Good Time Body, Suite 816, 585 Little Collins St, Melbourne, Victoria 3000.
  8. Bed Threads means Bed Threads ABN 50 619 946 995 trading as Bed Threads Linen Pty Ltd, 8/108 Dunning Ave, Rosebery NSW 2018.

How to enter

  1. To enter the Competition, Entrants must within the Competition Period:
  • Follow @whogivesacraptp, @goodtimebody and @bed.threads on Instagram and tag one or many friends on any of the giveaway posts (“Entry”).
  • 3 bonus entries will be given if you share the post on your stories and tag either @whogivesacraptp, @goodtimebody, or @bed.threads.

How the Winner is selected 

  1. Who Gives A Crap will decide the winners of the Prizes (“Winners”) randomly in its sole discretion. Who Gives A Crap’s decision is final.
  2. The Competition is a game of chance and there is no element of skill in deciding the Winners. 
  3. Who Gives A Crap, Good Time Body and Bed Threads will announce the Winners on 31st October 2022 AEDT via Instagram (“Judging Date”).
  4. Who Gives A Crap will notify the Winners via direct message on Instagram on the Judging Date.  
  5. The Winners agrees that Who Gives A Crap or their promotional partners can re-publish the Winners’ names and Entries on their website and social media platforms for an unlimited time. Neither Who Gives A Crap or any partners will compensate the Winners for this.

Receiving the Prize

  1. Who Gives A Crap, Good Time and Bed Threads will send the Prize to the Winners by post within 28 days of the draw.
  2. To redeem the Prize, the Winners must:
  • give Who Gives A Crap and their partners a valid email and postal address if requested; and
  • sign any disclaimers or agreements required by Who Gives A Crap or their partners.
  • Neither Who Gives A Crap, Good Time or Bed Threads are responsible for:
  • any delay in delivering the Prizes to the Winners; or
  • any damage caused to the Prizes during transit or delivery.
  • If a Winner does not respond to Who Gives A Crap on Instagram or provide a valid email and postal address within five (5) business days of the Judging Date, that Winner forfeits their Prize. Who Gives A Crap can choose and announce a new Winner (or Winners) on 6 November 2022 AEST on Instagram.

General 

  1. You can enter the Competition as many times as you like. 
  2. The Prize is non-transferrable and cannot be exchanged for cash, credit or any other product/service of Who Gives A Crap, Good Time or Bed Threads. 
  3. Neither Who Gives A Crap, Good Time or Bed Threads will compensate the Winners  if the Prize becomes unavailable for any reason or if a Winner (or Winners) cannot use the Prize. 
  4. Subject to applicable laws, the Competition and Prize may be varied, updated or terminated at any time.
  5. You must also comply with Who Gives A Crap, Good Time and Bed Thread’s terms and conditions that apply to the Prize. 
  6. Subject to any laws, you release Who Gives A Crap, Good Time and Bed Threads from all liability arising out of the Prize.
  7. All information collected as part of this Competition will be used in accordance with WGAC’S privacy policy, which can be found here and Bed Threads’ privacy policy, which can be found here

 

Bed Threads Fall Giveaway  | September - October 2022

Promotion

Bed Threads Fall Giveaway

Company

BED THREADS LINEN PTY LTD

www.bedthreads.com

ABN 506 199 469 95

Promotion Dates

23/09/22 00:00:00 EDT - 09/10/22 23:59:59 EDT.

Eligibility

Entry is open to United Kingdom residents over the age of 18.

Employees, pets of employees, immediate family members of employees and employees of any company associated with the Promotion are ineligible to enter.

Entry

The promotion commences on 00:00:00 AM EDT Friday 23rd September 2022 and entries close on 23:59:59 PM EDT Sunday 9th October 2022 (Promotion period).

To enter, participants must complete an entry via the Competition landing page on the website (www.uk.bedthreads.com/pages/competition) with no more than 1 entry per phone number. Entrants must consent to being contacted via text message and/or email for marketing purposes in order to enter.

Prizes and Winning

The random prize draw will take place at 8/108 Dunning Avenue, Rosebery NSW 2018.

One winner will be drawn at random using a Random Number Generator.

The winner will receive the following prize pack:

  • A Bedding Bundle of their choice

  • A luxurious heavyweight Linen Throw (size and color of their choice)

  • A complete Sleepwear set including a Long Sleeve Shirt, Pants, and Waffle Robe (size and color of their choice)

Prize Conditions

The selected winner will be announced on the Competition landing page on the website (www.uk.bedthreads.com/pages/competition) on Monday 10th October 2022 at 1:00:00 AM EDT. The winner will also be privately contacted at the cell number provided and/or email address provided within four business days of the draw.

Any breakages or loss of product at the fault of the customer, will not be replaced.

This giveaway is only applicable to Bed Threads’ product offer as of October 2022.

This giveaway is only for Bed Threads products and is not redeemable for cash.

£30 Gift Card Offer: Offer available to be used at http://uk.bedthreads.com only from 7:00pm 3rd of August to 11:59pm 10th of August 2023. The code is for one-time use only on orders with a minimum spend of £120. The promo code must be entered at the cart for the discount to apply and cannot be used in conjunction with any other discount code. Discount applies storewide, excluding gift cards. Until stocks last.

Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website, eBay, Facebook Marketplace or other third party services.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this 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.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Payment Options

Payments are accepted through Paypal, Stripe (Credit Card) ClearPay, Apple Pay, Shop Pay or Google Pay. All sales through this website will be processed in GBP.

We also accept payment via gift cards. Gift cards from Bed Threads are purchasable and redeemable online.

Gift Cards

Bed Threads Gift Cards are sold/allocated subject to the following terms and conditions:

  1. Gift Cards are valid for 12 months from date of purchase.
  2. Gift Cards can be redeemed against all products on www.bedthreads.com.au
  3. Gift Cards are non-transferable, can only be used on www.bedthreads.com.au
  4. May not be returned or redeemed for cash.
  5. If your order total is less than the value of the Gift Card, the remaining balance will be available and can be redeemed against subsequent orders.
  6. All remaining balances exceeding the value of your gift credit or store credit must be paid via an alternate payment method.
  7. If you return products you have purchased using a Gift Card, the remaining balance will be credited to you as store credit and can be redeemed against subsequent orders.
  8. Virtual Gift Cards will be e-mailed to the purchaser once the full order has been processed and payment has been taken.
  9. BED THREADS LINEN PTY LTD is not liable for delivery of a Virtual Gift Card or Credit Note to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
  10. BED THREADS LINEN PTY LTD is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
  11. BED THREADS LINEN PTY LTD reserves the right to cancel a Gift Card if we deem such action necessary.
  12. Sales tax and shipping is applicable on any products purchased with a BED THREADS LINEN PTY LTD Gift Card.

Promotional Codes

All promotion codes are non-transferable and there is no cash alternative. No more than one promotional code can be applied at checkout or to an order. They cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. BED THREADS LINEN PTY LTD reserves the rights to cancel or refuse the usage of any promotional code at any time.

All promotional codes must be applied at checkout, and cannot be applied to any previous or retrospective orders. We have the right to refuse use of any promotional code for any reason. The times of use will be outlined in the marketing material, the code can not be used outside of this time.

Welcome Offer: The £15 discount welcome offer is applicable on first orders with a minimum spend of £50 or more and for one-time use only. When you subscribe to Bed Threads for the first time you will be emailed a unique code to enter at checkout, valid for 14 days from the date of issuance. The £15 discount code cannot be used in conjunction with any other discount code. Discount applies to all linen items and Bed Threads branded homewares. Gift cards, prints, books from third-party publishers and Gallery artworks excluded.

 

Pre-Order

All pre-orders are charged at the time of transaction and payment options for all Pre-Orders are Visa, MasterCard and American Express (via Stripe), PayPal, AfterPay, Zip Pay or Klarna. Orders will be dispatched within 1-3 days of the stock becoming available.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM

Bed Threads (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

By consenting to Bed Threads SMS/text messaging program, you agree to receive recurring SMS/text messages from and on behalf of Bed Threads through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, new arrivals and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Bed Threads. Your participation in this program is completely voluntary

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. Regardless of the opt-in method you utilised to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, text the single keyword command STOP in any text message to cancel. You may receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. If you have subscribed to other Bed Threads 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.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description:Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of bedding, linen, and general homeware product items.

Cost and Frequency: We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@bedthreads.com.au. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your phone carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your phone service provider/network operator and is outside of Our control.

Participant Requirements: You must have a phone device of your own, capable of two-way messaging, be using a participating phone carrier, and be a phone service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Bed Threads Telephone Number: 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.

Undelivered 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. If you get a new mobile number, you will need to sign up for the program with your new number.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Sydney, New South Wales before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bed Threads’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorised by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

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.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

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