Terms of Service
These Terms of Service govern your use of the website located at https://nodiee.com and any related services provided by Nodiee Pty Ltd.
By accessing https://nodiee.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Nodiee Pty Ltd.
We, Nodiee Pty Ltd, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 23 May 2024.
Description of Service
Nodiee Pty Ltd caters to the needs of babies, children, and adults seeking improved sleep quality. Our primary offering is a multi-functional and user-friendly white noise machine designed with notable features such as a night light and an alarm.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. remove any copyright or other proprietary notations from any materials and software on this website;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Nodiee Pty Ltd provides;
5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website or its associated services in violation of any applicable laws or regulations;
7. use this website in conjunction with sending unauthorised advertising or spam;
8. harvest, collect or gather user data without the user’s consent; or
9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to Nodiee Pty Ltd and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Nodiee Pty Ltd at any time.
User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content but we do require a license from you in order to use it.
When you use our website or its associated services to post, upload, share or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
Please note that we cannot be held liable for the conduct of our users. We strive to protect our platform with reasonable measures mainly designing various layers of verifications and high-quality filters, however, we cannot guarantee a perfect customer experience. We are not liable for any fraudulent users and their actions, any such users violate the hereby Terms of Service and will be permanently removed from our platform.
The license you grant us can be terminated at any time by deleting your content. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
Customer Obligations
When you purchase from Nodiee Pty Ltd, you agree to utilise our products responsibly and in a manner that does not pose a risk to the safety of yourself or others, particularly children. In case of any malfunctions or suspected safety issues, we urge our customers to cease usage and contact our customer service immediately.
Payments
When purchasing our products you are required to provide your financial information relevant to the chosen payment method, in some cases, you may be requested to provide your credit card details. We are not liable for failed delivery of goods that may arise from providing incorrect, incomplete, or missing information needed to finalise the order. Please note that payments made via credit cards, Apple Pay, Google Pay, PayPal, Shop Pay, Afterpay, or Zip will be processed by the processor themselves. As such, we will not be responsible for processing or retaining any of your financial information. Apple Pay, Google Pay, PayPal, Shop Pay, Afterpay, or Zip will handle all of your financial information per their respective Terms of Service, and you agree to comply with such Terms of Service.
Any payments made to us only cover the pricing of the goods as well as their shipment. As for any additional taxes and duties over which we have no control, the customer is responsible for complying with the laws applicable to the given country and will be liable for any such additional costs or taxes.
Trial and Warranty
We offer a 100-night trial for all our Nodiee products. If you are not completely satisfied within this period, you may return the product for a full refund, no questions asked. Apart from this, our products also carry a one-year manufacturer’s warranty that covers product defects under normal use. For more information about refunds, please be sure to visit our Refund Policy.
Duties and Taxes
Please note that all international parcels will need to go through customs before reaching the customer, who is responsible for paying the relevant customs duties. Nodiee Pty Ltd does not partake in the customs process nor do we pay the customs duties on behalf of the customer. The amount of fees depends on the country of delivery, the customer is responsible for verifying said fees before placing an order. We are not liable for any packages that did not pass customs clearance due to the customer’s refusal to pay the tax. Failing to pay for the additional costs or taxes within 7 days of the goods arriving at customs may result in the termination of the goods by customs, we are not liable for such an event.
Liability
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Nodiee Pty Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Nodiee Pty Ltd or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Nodiee Pty Ltd or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Nodiee Pty Ltd reserves the right to change or discontinue any aspect or feature of the https://nodiee.com website, including but not limited to, content, hours of availability, and equipment needed for access or use.
While we strive to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the site at any time without notice.
Nodiee Pty Ltd does not claim that the information in the site is appropriate to your jurisdiction or that the products described in its site will be available for purchase in all jurisdictions.
You agree to indemnify and hold Nodiee Pty Ltd and its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or related to your use of the site or any breach by you of these Terms of Service.
Nodiee Pty Ltd products are sold with the express understanding that they are not a toy and are not intended for use by children under a certain age, without the supervision of an adult. The customer is responsible for the safe use of the products purchased from Nodiee Pty Ltd and acknowledges that they have assessed the appropriate age for the product’s usage.
The statements regarding the possible benefits and functions of our products have not been evaluated by any regulatory body and should not replace professional medical advice. Always consult with a healthcare professional before starting any new sleep aid.
This disclaimer is governed by the laws of Australia. If any provision of this disclaimer is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this disclaimer, which shall remain in full force and effect.
Product Safety
At Nodiee Pty Ltd, we understand the importance of safety, particularly when our products are used around babies and children. All our electronic products including our white noise machines are subject to rigorous safety standards before they are made available to our customers. By purchasing our products, customers agree to follow all safety guidelines and instructions provided with the product.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Nodiee Pty Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on our website. We have the right to change the information on our website without prior notice and users are responsible to monitor said changes. Any historical information present on our website is provided for reference only.
Additional Tools
Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an ‘as is’ basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Nodiee Pty Ltd has the right to offer new third-party tools in the future.
Product Functionality
While we strive to provide comprehensive functionality within our products, certain elements such as Google Home or Alexa integration require third-party services. We cannot guarantee these services will function without interruption or be free from errors.
Links
Nodiee Pty Ltd has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Nodiee Pty Ltd of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Inaccuracies and Mistakes
Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing orders should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Entire Agreement
These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that location.
Mobile Terms of Service
The Nodiee Pty Ltd mobile message service (the "Service") is operated by Nodiee Pty Ltd (“Nodiee Pty Ltd”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Nodiee Pty Ltd’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Nodiee Pty Ltd 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, 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 Nodiee Pty Ltd. Your participation in this program is completely voluntary.
We do not charge for the Service, 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.
You may opt-out of the Service at any time. Text the single keyword command STOP to Nodiee or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Nodiee Pty Ltd 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.
For Service support or assistance, text HELP to Nodiee or email [email protected].
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.
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.
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 Policy.
