Terms Of Use

Welcome to the CouchGuard® website (“the Website”) which is operated by The Topnotch Group Pty Ltd A.C.N. 155 329 347 trading as CouchGuard® (QLD BN20377370) (we, us or our).

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time.

 

Our services

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.

 


Prohibited conduct

In relation to the Website, you must not:

  • use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
  • use the Website to send unsolicited email messages;
  • in any way tamper with, hinder or modify the Website;
  • knowingly transmit any viruses or other disabling features to the Website or via the Website; or
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

 

Intellectual Property

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by The Topnotch Group Pty Ltd and protected by Australian and international laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the Website.

You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You must not:

  • reproduce or use any of the material on the Website for commercial purposes, including sale;
  • in any way modify the material on the Website; or
  • cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

 

Third party links

The Website may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

 

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

 

Disclaimer

Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the Website:

    • all material on the Website is provided to you without warranties of any kind, either express or implied;
    • we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
    • we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
    • we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on tour part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

 

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:

      • resupply of the services; or
      • the payment of the cost of having the services resupplied.
      • In the case of goods supplied or offered by us:
      • the replacement of the goods or the supply of equivalent goods;
      • the repair of such goods;
      • the payment of the costs of replacing the goods or acquiring equivalent goods; or
      • the payment of the costs of having the goods repaired.

 


Privacy

By agreeing to and accepting the Terms of Use, you also agree to the terms of the CouchGuard® Privacy Policy.

 

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

 

Miscellaneous

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

 

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

 

Contacting us

If you have any questions relating to the Terms of Use, please contact us by emailing

 

Terms of Use last updated on 01 October 2016.

 


Purchase Terms

Please read the CouchGuard® Purchase Terms (Purchase Terms) carefully to ensure that you are fully aware of your rights and our obligations to you when purchasing products (the Products) from the CouchGuard® website, which is displayed at www.couchguard.com.au (the Website).

Your completion and submission of your order signifies your agreement to be bound by these Purchase Terms, which constitute the agreement between The Topnotch Group Pty Ltd A.C.N. 155 329 347 trading as CouchGuard® (QLD BN20377370) (we, us or our) and you. Any variation of the Purchase Terms must be in writing and signed by a representative of CouchGuard.

 

PURCHASES

You must provide full and accurate personal details at the time of making your purchase. You may be required to provide additional details upon request.

It is your obligation to enter the correct delivery address and delivery instructions at the time of your order. If you enter an incorrect address, CouchGuard® is not obliged to re-send the order to the correct address at our expense.

 

USE OF THE PRODUCT

You agree to indemnify CouchGuard® against any loss or damage caused by misuse of any of the Products. CouchGuard® shall not be liable to you for any damage, whether direct, incidental, indirect, special or consequential, arising out of or in connection with the misuse of the Products, whether by you or a third party. You use the Products entirely at your own risk.

 

PURCHASE PRICE

All prices quoted on the Website or pursuant to your enquiry with us are in Australian Dollars and include GST. We reserve the right to vary the prices displayed on the Website from time to time and without notice to you. Our prices do not include transport insurance or any secondary attempts to deliver ordered Products to you. Postage insurance may be purchased during checkout on all orders shipped within Australia only. Additional costs apply.

You accept total responsibility for the Products purchased by you and you use the Products at your own risk.

 

PAYMENT

CouchGuard® accepts payment via Paypal, which means you, may pay via Visa and Mastercard.

After payment for your order, you will receive a transaction confirmation email, which confirms receipt of your order.

Irrespective of payment method, we will email you an invoice relating to your order once we have received your payment in cleared funds.

 

REFUNDS AND RETURNS OF PRODUCTS

All refunds and returns will be governed in accordance with the CouchGuard Refunds and Returns Policy.

A minimum amount of $10.00 handling fee applies to all returns. Higher for international orders.

 

PROCESSING OF PURCHASES

We will only process purchases on business days, which are Monday to Friday and exclude Queensland public holidays. If you purchase any of the Products on a non-business day, we will process the purchase on the next business day.

 

SHIPPING

Shipping will be via padded bag or the Parcel Post Plus service provided by Australia Post. This service does not include insurance and but does provide a tracking number.

Please contact us if you require insurance or would like to use Registered Post so we can discuss options and any additional costs.

Postage insurance is available durning checkout on all orders within Australia. Additional costs apply.

We ship to countries outside Australia but additional cost may apply.

 

POSTAGE INSURANCE

Postage insurance is available during checkout on all orders within Australia. Additional costs apply.

Up to $100 order repalcement cover. We will replace your order if it is lost during shipping. Waiting times may apply while a claim is being investigated.

Up to $300 order replacement cover. We will replace your order if it is lost during shipping. Waiting times may apply while a claim is being investigated.

Postage insurance can only be purchased during checkout and can not be added the order has been processed. All claims must be in writing and emailed to CouchGuard® at the time of delivery. Where an order hasn't been deiliveried in the recommended delivery time frame, you must notify CouchGuard&reg: immediatly. An investigation will then be lodged with Australia Post.

Whats Not Covered

  • Where an order is being shown as "Deliveried" or "Carded" on Australia Post website
  • When an order has be "Authorised To Leave" if no one is home

 

CANCELLATION OF ORDERS

CouchGuard® may cancel your order if for any reason we are unable to provide you with the Products subject to your order. We will contact you should this occur.

You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.

 

PRODUCTS MISSING FROM AN ORDER

Should a Product be missing from an order, please contact us via emailing with the order number and the product code or product name of the Product you wanted, and make the appropriate investigations.

 

GOVERNING LAW

The laws of Queensland govern this agreement.

ENQUIRIES

If you have any questions about the Purchase Terms, please contact us via emailing

 

Purchase Terms and Conditions last updated 01 February 2016.

 


Refunds and Returns Policy

The Topnotch Group Pty Ltd A.C.N. 155 329 347 trading as CouchGuard® (QLD BN20377370) (we, us or our) makes every effort to be fully transparent at all times. Accordingly, we have developed a Refund and Returns Policy to ensure that you are fully aware of your rights and our obligations to you with respect to refunds and returns.

 

Shipment of orders

We deliver products Australia-wide and internationally. All products will usually be shipped within 24 hours of us receiving cleared funds for payment of your products.

Products will be shipped via the Parcel Post service provided by Australia Post and to the address nominated by you in your online order. This service does not include insurance and does not provide a tracking number. Please contact us if you require insurance or would like to use Registered Post so we can discuss options and any additional costs.

It is your obligation to provide the correct delivery address and delivery instructions at the time of your order. If you provide an incorrect address, CouchGuard® is not obliged to re-send the order to the correct address at our expense.

We can deliver to your permanent residential address, place of employment, or to your postal box.

 

Your entitlement to a refund or exchange

You will be entitled to a refund or exchange where:

  • the product is faulty or damaged (Faulty/Damaged Returns);
  • the product does not match the sample or description advertised on our website; or
  • we are required to do so under any relevant laws.

In the event that you believe that any of the above apply to you and consequently, you believe that you are entitled to a refund or exchange, you must provide us with:

  • your full name and address;
  • the original order number; and
  • the reason for claiming the refund or exchange.

You will not be entitled to a refund or exchange where you have simply changed your mind.

 

Returning products to us

If you wish to return products to us, you must notify us within seven (7) days of receiving the products. Claims for refunds or exchanges made outside this time period will be at the sole discretion of CouchGuard®. Once your request to return a product has been processed and accepted, you will be provided with email confirmation authorising the return. You must include a copy of this confirmation email when you return the products to us.

 

Condition of returned products

In order for us to provide you with a refund or exchange, the returned product must be in brand new and re-saleable condition and in the original packaging, if applicable.

We reserve the right to assess the condition of the returned product prior to offering a refund or exchange. This may result in a refund or exchange being refused by us.

 

Return delivery charges

You will be entitled to a refund equal to the cost of the product only, excluding the actual delivery and return charges. A minimum amount of $10.00 handling fee applies to all returns. Higher for international orders.

We will not be responsible for lost, stolen or damaged return deliveries. We recommend that you return the product to us via Registered Post so that proof of your dispatch is recorded.

 

Provision of refunds or exchanges to you

After assessing the condition of the returned products and if your refund is approved, we will send you an email confirming that your refund has been issued. Refunds will be processed within seven (7) days of receipt of returned goods. All refunds will be issued via direct debit. You will need to supply us with your bank details in the email. There may be delays in the provision of the refund that may be caused by the issuing bank. Please contact us if you have not received your refund within seven (7) days of us notifying you that a refund has been issued.

 

Address for returns

Please send returns to:

The Topnotch Group Pty Ltd
CouchGuard®
1 / 24 Finsbury St
Newmarket, Qld 4051

Please note that the above address is for deliveries only and will not be attended by a representative of CouchGuard®.

 

Enquiries

If you have any questions regarding the Returns Policy, please email us.

 

Returns Policy last updated on 2 February 2016.

 


Privacy Policy

The Topnotch Group Pty Ltd A.C.N. 155 329 347 trading as CouchGuard® (QLD BN20377370) (we, us or our) recognises and values the protection of your personal information. We are aware of our obligations under the Privacy Act 1988 (Cth) and we will ensure that we fulfil our obligations under that Act.

We also recognise that you may have concerns about our collection of your personal information via our website, which is located at www.couchguard.com.au (the Website) and how we may use that information.

We have implemented this Privacy Policy in order to inform you about how we will collect, store, use your personal information and under what circumstances we may disclose your personal information.

Please note that this Privacy Policy forms part of the CouchGuard's Terms of Use document, which is displayed at the bottom of the Website.

Information we collect from you

From time to time, we may ask you to supply personal information such as your name, address, date of birth, telephone number or e-mail address. However, under no circumstances will we request or collect any information from you that may disclose your:

  • political, religious or philosophical beliefs or affiliations;
  • health and sexuality;
  • racial or ethnic origin; or
  • criminal convictions.

We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.

 

Personal information via the Website

Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the Website easier by storing information about your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not identify you personally.

If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.

 

Your option not to provide your personal information

Providing us with your personal information is absolutely optional, and whenever it is optional for you to provide us with your personal information, we will make this clear to you. When you provide us with your personal information, you are consenting to our storage, use and disclosure of that information as outlined in this Privacy Policy.

We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your personal details for these purposes. Providing us with this information is absolutely optional to you. However if you do not provide your personal information to us we may not be able to contact you or give you access to the additional benefits.

You may opt out of these additional communications at any time and can do so by emailing us.

 

Use and disclosure of your personal information

Your personal information, including your e-mail address, will be used for two primary purposes:

  • to ensure the proper functioning of the Website; and
  • to assist us with our marketing, planning and strategic development.

We will not use or disclose (or permit the use or disclosure of) personal information that could be used to identify an individual member in any circumstances except:

  • to ensure the proper functioning of our business and the Website in relation to the person in question (for example, to confirm your acceptance of our Terms of Use, or to seek your views on the operation of the Topnotch Lounge Care business and the Website in order to improve it);
  • to communicate promotional offers and special events to you;
  • to avoid risks to health and safety of an individual or society at large;
  • where the law requires us, or authorises us to do so; or
  • where you have given express consent to us for a prescribed purpose.

We will not sell, distribute, rent, licence, disclose, share or pass your personal information onto any third parties, other than a business entity that is corporately related to us, or who are contracted to us to keep the information confidential whether subject to a statute or a scheme which imposes similar restrictions to the National Privacy Principles contained in the Privacy Act 1988 (Cth) regarding the handling of personal information.

 

Terms of Use

We will take all reasonable steps to ensure that all information collected from you is accurate, up to date, complete and stored in a secure environment and accessed only by our authorised personnel.

Please note that no information transmitted over the Internet can be guaranteed to be 100% secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.

 

Unsubscribing from our e-mail database

To unsubscribe from our e-mail database, please send an e-mail email “UNSUBSCRIBE” typed into the subject line of the e-mail.

Accessing, correcting and updating your information

You have the right to access the information that you provide to us.

If you wish to access or modify any personal information that you have provided to us, please contact our Privacy Officer

 

Contacting us

If you have any concerns or questions about our Privacy Policy, please contact us via email

We reserve our right to modify or amend this Privacy Policy at any time and without notice to you. For further information about privacy, please refer to the Australian Privacy Commissioner’s website www.privacy.gov.au.

 

Privacy Policy last updated on 01 December 2015.

 


Spam Statment

The Topnotch Group Pty Ltd A.C.N. 155 329 347 trading as CouchGuard® (QLD BN20377370) (we, us or our) is committed to observing and complying with its obligations at all times under any relevant Spam legislation and regulations in any subject country.

For the purpose of this Spam Statement, the term ‘subject country’ means the country from which you access our website, which is located at www.couchguard.com.au

 

We assure you that:

we have crafted an internal policy to educate staff and implement clear guidelines and rules in relation to the dissemination of commercial electronic messages;

  • you may at any time unsubscribe from any mailing list to which you have previously subscribed. If for any reason there appears to be no facility to unsubscribe from the mailing list, please send an email to Unsubscribe advising us of your wish to unsubscribe; and
  • we will not use address-harvesting software for any reason whatsoever.

To assist us to combat spam, we request your assistance with the following:

  • if you receive an offensive or unauthorised commercial message, which appears to originate from a CouchGuard or The Topnotch Group Pty Ltd email address, please assume that it has been sent in error and notify us immediately on the above contact details;
  • please ensure that you unsubscribe from any of the The Topnotch Groups mailing lists if you decide that you no longer wish to receive electronic commercial messages from CouchGuard® or its contracted third parties; and
  • please notify us of any changes to your personal details or cancellation of your email address.

 

Spam Statement last updated on 01 December 2016