Terms and conditions

Please read these Terms and Conditions carefully before accessing to and using the Website /Site (http://www.oursleepdoctor.com) and mobile application (collective referred to as “Service”) provided by SleepDoctor (referred to as “We”, “Us”, “Our”).

The User (also be referred to as “You”) shall be given access to or avail the services from the Site only upon your acceptance to comply with these Terms and Conditions.

These Terms and Conditions shall apply to all visitors, Users and others who access this Site whether any visitor, User or Other buy our Product or not.

By accessing this Site, you are automatically bound to these Terms and Conditions, if you disagree to any of the Terms and Conditions, you may not access the Site.

1. ACCURACY OF INFORMATION ON THE SITE

We do our best to ensure that information on the Site is complete and accurate. Despite our best efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of our Products on the Site are subject to change at any time without notice.

2. ACCEPTABLE USE

The use of the Site by the User and any information provided by the User including but limited to name, address, phone number, email address, financial information (User Information) transmitted in connection with the Site is limited for the purpose of functioning of the Site. In no event may the Site be used in a manner that (a) harass, abuse, stalks, threatens, defames or otherwise infringes or violates the rights of any other Party; (b) is unlawful, fraudulent or deceptive; (c) provides sensitive personal data/ information unless the same is required for the business purpose; (d) includes spam or any unsolicited advertising; (e) use technology or other means to access the Materials, Content and any information in the Site which are not authorized by SleepDoctor; (f) attempts to introduce viruses or any other files, programs that interrupt, destroy or limit the functioning of the Site; (g) any act or conduct which would constitute a criminal offence; (h) impersonate any person or entity or otherwise misrepresents your identity with another person or entity; (i) fails to comply with applicable terms of use. SleepDoctor reserves the right, at its sole discretion, to terminate the User’s access to the Site, if SleepDoctor reasonably believes that such User is violation of these Acceptable Terms.

3. YOUR PERSONAL INFORMATION

In addition to these Terms and Conditions, please read Privacy Policy carefully as it governs our collection and use of information about you, and states that we may collect your information and transfer it to our business Partners and Service Providers. By using our Site, you consent to us obtaining and holding your information /Data as set out in the Privacy Policy.

4. ELECTRONIC COMMUNICATION

When you visit the Site, or send us e-mails, you are communicating with us electronically. Also, when you place an order as a guest or by registering on the website, you are accepting the terms of service. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

5. ELIGIBILITY

No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

6. PRODUCT INFORMATION

Our Products are solely owned by us and sold only at our Website. SleepDoctor does not sell our Products at any other sites or third-party seller websites hence, the users are advised to check out and buy our Products only from our website.

SleepDoctor reserves the right to sell its Products through other ways and the same will be informed in this Site. The User is advised to regularly check this Site before buying our Products.

Our Products which are displayed at the Site are available for sale. However, SleepDoctor reserves the right to change our Products and price at any time, without assigning any reason. The Users are advised to check the price before buying the Products.

7. TERMS OF SALE

By placing an order with us, you are (i) offering to purchase our Product; (Ii) representing that you are of legal age to form a binding contract; and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The order confirmation by you for you placing an order does not constitute our acceptance of your order. We retain the right to refuse any order request made by you.

We require verification of your information before accepting your order. We reserve the right at any time after receipt of your order to either (i) accept, or (ii) decline, or (iii) modify your order for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse our service to you without prior notification. In the event that an order contains incorrect price or incorrect details, regardless of whether such order was/ is being processed, payment has been charged, then such order will be cancelled and we will credit the incorrect amount, if any made, to the account from which payment was made (Cancellation Policy).

Our Products will be dispatched from the place of manufacture of Product/Warehouse and delivered to the Buyer’s place by the Delivery partners. Upon any damages found on or caused to the Products during transit then such damaged Product found by our Delivery Partner at the time of delivery will be automatically exchanged with other Products.

Our Product is warranted by Manufacturer Warranty and to avail the same, the User is advised to carefully read the terms of usage attached along with Product and use the Product accordingly. Our Product will be returned or exchanged only if the User had used the Product as per the terms of Use (Return & Warranty Policy). Our Product shall not be returned or exchanged except for the defects or damages caused to the Product which covers under Manufacturer Warranty (Warranty Policy) provided the Product was/is used by the User as per the terms of the Use.

8. INTELLECTUAL PROPERTY PROTECTION

The Product is owned solely by us. Any designs produced by us for you will remain our intellectual property and shall not be used in any other form without our prior written consent.

All intellectual property rights in the Product, Site and all of its information including not limited to its Software, scripts, artworks, photographs, images, video and audio made available to you or through this Site shall remain the property of SleepDoctor or its licensors as applicable. The Materials and content provided through the Site as a service to its prospective and current visitors and may be used only for information purpose. You may store, print and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may use any such content in connection with any business or commercial enterprise. No right, title or interest in the Materials and contents displayed in our site is conveyed to you. You shall not access or use any Materials, content and information from our Site for any competitive or commercial purpose or permit any coping of our materials, content or information from our Site. Any unauthorized copying, alteration, distribution, transmission, performance, display or either use of the Materials, Content or any Information from our Site is prohibited. Any and all rights not expressly granted are reserved by SleepDoctor, as applicable.

9. LIMITED LICENSE AND SITE ACCESS

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

10. PRICING AND PAYMENT

The prices displayed on the website are inclusive of GST. Infinity Nodes / SleepDoctor reserves the right to change the prices at its discretion without informing the customer.

Prices are subject to change at any time, but changes will not affect orders in respect of which dispatch Confirmation already sent you by us.

Payment for all orders must be made by credit card / debit card / Net banking on the checkout page. We accept payment by most major credit and debit cards. EMI offer is applicable only with the top banks which have tie ups with our payment gateway.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card and our Products will not be dispatched until this pre-authorization check has been completed. Please note, we are not responsible for your card issuer charging you online handling fee or processing fee, if any.

11. Delivery

Standard delivery for all SleepDoctor products across India is free. There is no hidden cost at checkout. Delivery of goods will take place at the address entered during order process. In case you want to change the delivery address after the order is placed and before dispatch, please call us at +914442108266 or write an email to support@oursleepdoctor.com. SleepDoctor will try its best to accommodate this change but this is not guaranteed. Delivery of all product will happen at the front door of the property.

Customer will have to bear the delivery charge in case the delivery is made to a wrong location due to the wrong delivery address entered during order placement.

Goods are only delivered by Infinity Nodes / SleepDoctor or by a third party contracted to undertake logistics on our behalf.

For logistical reasons, Infinity Nodes / SleepDoctor reserves the right to split shipments.

12. Product Availability

In case of unavailability of one or more SleepDoctor products, the customer will be notified by email or telephone. The amount paid will be recalculated and the customer will be refunded for the unavailable product. In case no products are available, customer will be notified by an email or telephone and will be fully refunded.

13. Offers and Coupons

Infinity Nodes / SleepDoctor will introduce offers, discounts and coupon codes on a time- to- time basis and this will be completely at the discretion of the brand. Infinity Nodes / SleepDoctor reserves the right to withdraw the offers and coupons without any notification.

SleepDoctor coupon codes can be redeemed only on purchases made through company website (www.oursleepdoctor.com).

SleepDoctor discount codes are only available on full purchases, paid up front. SleepDoctor discount codes are not available on orders that use EMI option. Infinity Nodes / SleepDoctor cannot take responsibility for discount codes published without permission on third-party websites. Discount codes may be subject to additional terms and conditions (including an expiry date/time) which will be shared at the point of publication. All discount codes are subject to availability and only one code can be used per order.

14. Returns

Please write to company support mail id support@oursleepdoctor.com or call +914442108266 with your order details to register your return request for a warranty claim. Returns are applicable only to SleepDoctor products with limited warranty. To accept a return for a warranty claim, please follow the returns procedure mentioned under Return Policy. Infinity Nodes / SleepDoctor reserves the right to refuse any return request if it doesn’t fulfil the return criteria. (Refer Return Criteria under Return Policy).

15. Replacements

Replacement requests due to incorrect Mattress Size Order will carry a return shipment cost of INR1500 across India which will be borne by the customer. It is always recommended to cross check the size before placing the order.

16. LINKS TO OTHER WEBSITES

We may provide links to other content such as websites, web applications and downloadable applications. We neither assume or accept responsibility or liability for such third-party content. The User is advised to check the respective Third-Party term of use before accessing their website/ web apps/ downloadable applications.

We are not liable or responsible for any third-party content on the Site. Third party content includes, for example, comments, blogs and articles posted by any other third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.

17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIBILITY

SleepDoctor Mattress is warrantied against any manufacturing defect for a period of 10 years from the date of purchase. In case of any manufacturing defect within 1 year of purchase, the mattress will be repaired or replaced with an identical product. In case of any manufacturing defect after the first year, either a repair or in case if a repair is not possible a Prorated Credit Settlement will be applicable. Please refer Warranty Policy for further information.

SLEEPDOCTOR DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND YOU AGREE THAT FROM TIME TO TIME, SLEEPDOCTOR ANY REMOVE SALE OF PRODUCTS FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SALE OF PRODUCTS FOR NO REAOSN AT ANY TIME WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE AND AVAILING OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES DELIVERED TO YOU DURING FOR SALE OF OUR PRODUCTS THROUGH OUR WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY SLEEPDOCTOR) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED FOR AVAILING SERVICES THROUGH OUR SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT EXCLUDING EXPRESS MANIFACTURER WARRANTY FOR OUR PRODUCT.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The User specifically acknowledges and agrees that service is not liable for defamatory, offensive or illegal conduct of other User or third Parties and the risk of injury from the foregoing rests entirely with the Users.

Neither we or any of its Partners, agents, affiliates shall be liable for any direct, indirect, special or consequential damages arising out of use of the Service or inability to gain access to use the Service or out of any breach of Manufacturer Warranty. The User acknowledges and agrees that this clause shall apply to all Materials, Content and information on the Site.

18. FEEDBACK

We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

19. CONTENT YOU SUBMIT TO SLEEPDOCTOR

From time to time, SleepDoctor may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to SleepDoctor must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

By posting a Review on the Site, you hereby grant SleepDoctor an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing SleepDoctor and the Products. You further grant SleepDoctor a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by SleepDoctor through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to SleepDoctor the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) 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 proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on non-consensual recording, or otherwise), or (C) require SleepDoctor to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libellous, inaccurate, unlawful, harmful, No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libellous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by SleepDoctor in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Monitoring. SleepDoctor has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. SleepDoctor has no obligation to display or post any Reviews. SleepDoctor, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

20. GOVERNING LAW & DISPUTE RESOLUTION

All matters relating to your access to or use of arising out of or relating to our site, including all difference or disputes, will be governed by the laws of India. You agree that courts at Chennai city shall have exclusive jurisdiction to try all matters including differences or disputes. In the event of any difference or dispute between SleepDoctor and you arising out of or in connection with your use of this Site, the Parties shall attempt, in good faith, to resolve such difference or dispute. If Parties fail to resolve such difference or dispute within thirty (30) days from the date of receipt of Notice seeking to resolve dispute, then the Parties shall resolve such difference or dispute through a sole Arbitrator appointed by SleepDoctor administered under the Arbitration and Conciliation Act 1996 or such amendment in force. The venue of arbitration shall be Chennai, Tamil Nadu, India.

21. MAINTENANCE OF THE SITE

You acknowledge and agree that, from time to time, we may need to:

  • a) fix defects and errors in the Site;
  • b) install updates and undertake general diagnosis and maintenance of the Site; and
  • c) undertake emergency maintenance and/or suspend access to the servers and that as a result of which the Site may be less accessible or unavailable to you from time to time.

22. SEVERANCE

If any provision of these Terms and Conditions (or part of any provision) is found to be or becomes invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.

23. MODIFICATION AND UPDATION

SleepDoctor reserves the right to modify and or update any Terms and conditions for no reason without any prior intimation to you. The Users are advised to check the Terms and Conditions from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site. We will specify the date of this Terms and Conditions last updated.

24. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the user and SleepDoctor with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

25. CONTACT US

If you suspect misuse of the Site, please contact: support@oursleepdoctor.com or call +914442108266

For general comments on the Site, or to seek permission to do anything prohibited by or not contained in these Terms, or which requires our prior consent or agreement, you can contact us through phone number / email address mentioned above.

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