PLEASE READ THESE TERMS AND CONDITIONS ('TERMS') CAREFULLY BEFORE USING THIS SITE

This website (www.goodsideofthebed.com.au) is operated by operated by Kerton Creative Pty Ltd ABN 33 665 477 770 (we, our or us).  It is available at: www.goodsideofthebed.com.au and may be accessed through other addresses or channels.

Contact Us: To contact us, please email kim@goodsideofthebed.com OR +61 414276658

Acceptance: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Changes: We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date. These terms were most recently updated on 7th February 2024.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent. You must not use the Content (or any part) for commercial purposes without obtaining a licence from us or our licensors.

Eligibility to use our Site: Our Site is directed to users who are 15 years of age or older OR are at least 18 years old located and accessing the Site within Australia. We do not represent that Content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, this is at your risk and you are responsible for compliance with applicable laws in your jurisdiction.

Suspension: Our Site is made available free of charge. We do not guarantee that our Site, or any Content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Prohibited conduct: You must not do, or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a)    anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b)    disclosing any Security Code to a third party;

(c)     using our Site to defame, harass, threaten, menace or offend any person;

(d)    interfering with any other person using our Site;

(e)    tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses, piracy or programming routines;

(f)      using our Site to send unsolicited email messages; or

(g)    facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. 

 No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any data collection, advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Reliance: This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a)           copy or use, in whole or in part, any Content;

(b)           reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)            breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion. We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a)    they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)    access will be uninterrupted, error-free or free from viruses; or

(c)     our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: Both parties total liability arising out of or in connection with the Content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Content to you, or $100.

Neither party will be liable for (i) loss or corruption of data, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.

Nothing in these Terms will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.

Indemnity: To the maximum extent permitted by law, both parties agree to indemnify the other party, against any Liability suffered or incurred arising from or in connection with any breach of these Terms or any applicable laws. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by either party, upon reasonable notice.  In the event of termination, all Terms which expressly or by implication from its nature is intended to survive the termination (including limitation of liability) will survive.

Disputes: In the event of any dispute, the parties agree to mediate before proceeding to litigation.

Severability: Any provision of these terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland, Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

Kerton Creative Pty Ltd ABN 33 665 477 770 Good Side of the Bed

Email: kim@goodsideofthebed.com  

Last update: 7th February 2024