1. Agreement to Terms

Welcome to Tholmarewhral, operated by NightUnplug. These Terms of Use constitute a legally binding agreement between you and NightUnplug regarding your access to and use of the website tholmarewhral.world, as well as any related services, programs, content, tools, and features provided by us.

By accessing, browsing, or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, along with our Privacy Policy and any other policies referenced herein. If you do not agree with any part of these terms, you must not access or use our website or services.

These Terms of Use apply to all visitors, users, and others who access or use our services, whether registered or not. We reserve the right to update, modify, or replace these terms at any time at our sole discretion.

2. Eligibility

By using our website and services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using our services under applicable laws
• All information you provide is accurate, current, and complete
• You will maintain the accuracy of such information

If you are accessing our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms of Use.

3. Services Description

NightUnplug provides educational programs, resources, and guidance designed to help individuals reduce evening screen time and improve sleep quality through screen-free practices. Our services include but are not limited to:

• Structured screen-free evening programs of varying durations
• Digital and printable activity resources and materials
• Audio guides, meditations, and instructional content
• One-on-one coaching sessions (for applicable programs)
• Community forum access (for applicable programs)
• Educational content, articles, and tips via website and email
• In-person workshops and consultations at our Allambie Heights location

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of services.

4. Account Registration

Certain features and programs require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

You may not use another person's account or create an account using false or misleading information. We reserve the right to suspend or terminate accounts that violate these terms or are inactive for extended periods.

5. Purchases and Payments

5.1 Pricing

All prices displayed on tholmarewhral.world are in Australian Dollars (AUD) and are subject to change without notice. We make every effort to ensure pricing accuracy but reserve the right to correct pricing errors. If an error is discovered after you have made a purchase, we will notify you and offer the option to proceed at the correct price or cancel your order for a full refund.

5.2 Payment Processing

We accept various payment methods including credit cards, debit cards, and other electronic payment methods. Payment processing is handled by secure third-party payment processors. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge all fees incurred.

5.3 Billing

When you purchase a program or service, you will be billed immediately unless otherwise stated. For subscription-based services, you authorize recurring charges at the specified intervals until you cancel. You are responsible for providing current, complete, and accurate billing information.

5.4 Taxes

Prices do not include applicable taxes, which will be added at checkout. You are responsible for all taxes associated with your purchase, including but not limited to sales tax, GST, and VAT as applicable in your jurisdiction.

5.5 Refunds

Our refund policy is detailed in our separate Return Policy. Generally, refunds are available within specified timeframes and subject to certain conditions. Digital products and services accessed or downloaded are typically non-refundable.

6. Program Enrollment and Participation

When you enroll in a NightUnplug program, you acknowledge and agree that:

• You are responsible for actively participating and completing program activities
• Results vary by individual and are not guaranteed
• Programs are educational and self-help in nature, not professional wellness or sleep therapy
• You should consult appropriate professionals if you have sleep disorders or wellness concerns
• You are responsible for implementing practices safely and according to your abilities
• Coaching sessions must be scheduled according to availability and rescheduling policies
• Community forum participation must comply with community guidelines
• Program access may be time-limited or expire after specified periods

7. Intellectual Property Rights

7.1 Our Content

All content on tholmarewhral.world, including but not limited to text, graphics, logos, images, audio files, video, data compilations, software, design elements, and the compilation thereof, is the property of NightUnplug or our licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

The NightUnplug name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NightUnplug. You may not use these marks without our prior written permission.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and program materials solely for your personal, non-commercial use in accordance with these Terms of Use. This license does not include:

• Resale or commercial use of our content or services
• Collection and use of product listings, descriptions, or prices
• Derivative use of our content or services
• Downloading or copying of account information
• Use of data mining, robots, or similar data gathering tools
• Reproduction, duplication, copying, selling, or exploitation of any portion of our content

7.3 User Content

When you submit feedback, testimonials, questions, comments, suggestions, or other content to us through any channel, you grant NightUnplug a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent that you have all necessary rights to grant this license and that the content does not infringe any third-party rights.

8. Prohibited Uses

You agree not to use our website or services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services. Prohibited activities include but are not limited to:

• Violating any applicable local, state, national, or international law
• Infringing intellectual property rights of NightUnplug or third parties
• Transmitting harmful code, viruses, or malicious software
• Attempting to gain unauthorized access to our systems or networks
• Interfering with or disrupting our services or servers
• Using automated systems to access our website without permission
• Impersonating any person or entity or misrepresenting your affiliation
• Harassing, abusing, or threatening other users or our staff
• Collecting or storing personal data about other users without consent
• Sharing account credentials or transferring accounts to others
• Reproducing or distributing program materials to non-enrolled individuals
• Creating derivative works or competing services based on our content

Violation of these prohibitions may result in immediate termination of your access and potential legal action.

9. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NIGHTUNPLUG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

We do not warrant that our programs will achieve any particular results or improve your sleep. Individual results vary, and success depends on many factors beyond our control, including your commitment, consistency, and individual circumstances.

Our programs are educational and self-help resources. They are not intended to diagnose, prevent, or address sleep disorders or wellness conditions. We recommend consulting qualified professionals for persistent sleep problems or wellness concerns.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIGHTUNPLUG, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, data, or use
• Loss of or damage to property
• Personal injury or emotional distress
• Business interruption
• Loss of goodwill or reputation

WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless NightUnplug and its subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of our website and services
• Your violation of these Terms of Use
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or transmit through our services
• Your violation of any applicable laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

12. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by NightUnplug. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that NightUnplug is not responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

13. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms of Use. Upon termination, your right to use our services will immediately cease.

You may terminate your account at any time by contacting us. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations.

All provisions of these Terms of Use that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Sydney, New South Wales, Australia.

You agree that any cause of action arising out of or related to our services must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

15. Dispute Resolution

If a dispute arises between you and NightUnplug, we encourage you to contact us first to seek an informal resolution. Most disputes can be resolved through direct communication.

If an informal resolution is not reached, both parties agree to attempt resolution through mediation before pursuing litigation. Mediation shall be conducted by a mutually agreed-upon mediator in Sydney, Australia, with costs shared equally.

If mediation is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration, with the seat of arbitration in Sydney, Australia.

16. Modifications to Terms

We reserve the right to modify or replace these Terms of Use at any time at our sole discretion. Material changes will be notified through email, website notice, or other reasonable means at least 30 days before the new terms take effect.

Your continued use of our services after any changes become effective constitutes acceptance of the modified terms. If you do not agree to the new terms, you must stop using our services.

We encourage you to review these Terms of Use periodically to stay informed of any updates.

17. Severability

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

18. Waiver

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by an authorized representative of NightUnplug.

19. Assignment

You may not assign or transfer these Terms of Use or your account without our prior written consent. We may assign or transfer these Terms of Use and any rights or obligations hereunder, without restriction, including in connection with a merger, acquisition, or sale of assets.

20. Entire Agreement

These Terms of Use, together with our Privacy Policy, Cookies Policy, and Return Policy, constitute the entire agreement between you and NightUnplug regarding your use of our services and supersede all prior and contemporaneous written or oral agreements.

21. Force Majeure

NightUnplug shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

22. Contact Information

If you have questions about these Terms of Use, please contact us:

23. Australian Consumer Law

Nothing in these Terms of Use excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option, to:

• The supply of the services again; or
• The payment of the cost of having the services supplied again

24. Language

These Terms of Use are written in English. Any translations provided are for convenience only. In the event of any inconsistency between the English version and any translation, the English version shall prevail.