Terms of Service

OVERVIEW

This website is operated by Koolà. Throughout the site, the terms “we”, “us” and “our” refer to Koolà. Koolà offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website.

These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund/Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

View our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - COPYRIGHT

The material and contents of this website are protected by copyright laws and are the exclusive property of Koolà or a third party in some cases. All rights are reserved.

We would like to inform you that you may use your web browser to view this website and its contents and print hard copies of specific parts of the website solely for personal, non-commercial purposes. However, any other form of use, including reproduction, modification, distribution, transmission, republication, performance or display of the content or any combination of the aforementioned uses is strictly prohibited.

Please be aware that Koolà is the creator and overseer of this website. It can be accessed worldwide, but we cannot guarantee that its content complies with the intellectual property laws of countries outside Australia. If you access this website from any other location, you do so at your own risk and are solely responsible for complying with the laws of that jurisdiction.

SECTION 13 - TRADEMARKS AND IP

To guarantee that our valued customers, loyal distributors and retailers receive nothing more than premium-quality products, we will go to great lengths to safeguard our valuable intellectual property worldwide. The Koolà Doll™ is a unique baby sleep toy with an international Patent Pending. Innovation can unfortunately lead to the emergence of copycats. We advise you to be wary of purchasing imitations, as they may not meet the same quality and safety standards as our genuine products. The Koolà Doll™ has been certified under the strict levels of child safety standards for global consumer markets. This website also incorporates registered trademarks The Koolà Doll™, Koolà’s Sing to Sleep Technology™, and the Koolà Logo trademarks under the law. Unless expressly authorized, the use or misuse of any of these trademarks is strictly prohibited. All rights are reserved. The content and information presented on this website may not be modified, reproduced, re-transmitted, communicated, distributed, disseminated, sold, published or otherwise circulated without our express written permission. Our products, branding (including brand name, logo, tag lines and color scheme), packaging, photos, and website are safeguarded by intellectual property laws in numerous countries. These protections include both registered and unregistered rights, including copyright, patents, and trademarks. Trademark law categorizes all websites as services, and a domain name may infringe registered and unregistered trademark rights. Copyright laws safeguard literary and artistic works, including our website content, logos, product photographs and descriptions, packaging and information leaflets, product fabric designs, and more. Our intellectual property rights may be infringed by: (a) unauthorized making, selling, offering to sell, importing, or distributing of our products; (b) making, selling, offering to sell, importing or distributing a copy of any of our product(s), packaging, labels or designs; (c) unauthorized use of our branding, including our name, logo, tag line(s), product name(s), and packaging, or other branding elements; (d) use of a brand name, logo, tag line(s), product name(s), or packaging that is substantially identical or deceptively similar, whether used for baby or nursery accessory products or services, or other goods or services; (e) registering or using a substantially identical or deceptively similar domain name or retail name to our name or displaying substantially identical or deceptively similar branding to ours (whether online or physical); (f) offering substantially identical or deceptively similar goods or services to those offered by us.

SECTION 14 - WARNING

Please be advised that Koolà takes any infringement of our patents, trademarks, designs, titles/names or copyrighted text & photos very seriously. As part of our enforcement strategy, we will pursue legal action against any trader who infringes our intellectual property rights, seeking a range of remedies including undertakings, delivery up / destruction of infringing stock, and an account of profits or damages.

If you become aware of any potential infringement of our patents & trademarks, please immediately notify us via email at CONTACT US. We appreciate your cooperation in helping us protect our intellectual property rights.

If you have any questions about our intellectual property, seek permission to use our intellectual property, or become aware of improper use of our intellectual property, please contact us immediately.

SECTION 15 - COOKIES

A cookie is a small data file that stores information about the user on their hard drive. The Koolà website employs cookies as a component of the website’s functionality.

SECTION 16 - IT VIRUSES

Koolà cannot guarantee that any files or programs available for download and/or execution from or via this site are free from viruses or other conditions that could harm or interfere with data, hardware or software with which they may be used. By using this site, you assume all risks associated with the use of the programs and files on this site, and you release Koolà from all responsibility for any consequences that may result from their use.

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Koolà, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Koolà (Positive Vibrations Pty Ltd. ABN 58618415160) acknowledges that it does not provide medical advice, and that its products are not intended to cure or treat diseases. All information presented on this website, including videos and blog posts, serves only as a complement to the advice provided by your child’s medical or allied health advisors. Therefore, we advise you to consult with your own professional advisors, who can provide personalized guidance based on your individual needs.

Our products are designed with utmost care to ensure they are safe for use, but customers who use our products agree that Koolà is not liable for any loss or damage caused directly or indirectly by the products, information, or ideas contained in our marketing materials, packaging, or website.

By accessing this website, you agree to these terms and applicable laws, and understand that your use of the site is entirely at your own risk. While we make every effort to ensure the accuracy and currency of information on the site, there may be faults and inaccuracies. We do not guarantee that the content is complete and current.

Koolà does not provide any express or implied warranties regarding the operation of this site or the information, content, materials, or products presented herein, except as required by law. Neither Koolà , nor its directors, employees, agents, contractors, successors, or assigns shall be held liable for any damages, whether direct, indirect, consequential, special, punitive, or other, that you or others may suffer due to the use of this site or any site linked to it. This includes damages for loss of profits, business interruption, or the loss of data or information.

Koolà reserves the right to modify this website and published policies without notice.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Koolà and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected] or click here and fill out the contact form.

DISCLAIMER

Medical Disclaimer: The information provided on this website and in our blog articles is for educational and informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We do not endorse or make any representations regarding the accuracy or reliability of any information contained on this website or in our blog articles. Use of this website and the information provided is solely at your own risk.

Product Disclaimer: The Koolà Doll™ is intended for use as a soothing device for children of all ages, including newborn babies. While every effort has been made to ensure the safety and quality of the product, it is important to exercise caution and common sense when using the doll. Please supervise its use, especially with newborns and toddlers, and keep it out of newborn sleeping areas as recommended by the World Health Organization (WHO).
The Koolà Doll™ has been designed and manufactured to meet safety standards and is certified as compliant with EN71, ASTM, AS/Nzs, ROS, CE, and FCC regulations. The sound box speaker is restricted to a safe decibel level for infants’ hearing.
Please remember to follow the instructions provided with the product. The rechargeable USB lithium battery is not waterproof and may be damaged if it becomes wet, just like any electronic device can be.
While we strive to provide a safe and reliable product, we cannot be held liable for any misuse, accidents, or damages that may arise from improper use, failure to follow instructions, or any other unforeseen circumstances. We strongly recommend consulting with a healthcare professional or pediatrician for any medical advice related to your child.

FREE NIGHT LIGHT OFFER: Share to Facebook using one of our direct link buttons and you will be gifted to your cart a free red glow to sleep night light. This offer is only available to Australian residents as the light is designed for Australian power supplies. This offer is also only available to those who share our website using the button supplied and it is only available to customers who make a paid purchase of any product from www.koolababy.com. Customers who have made previous purchases cannot request a free light light unless they are ordering again at the time of the offer. Koolá will only ship our gifted night lights to customers actively making an order at the same time as they have added the gift to cart. This offer can be terminated at any time, however anyone who has placed their order with the free gift added to cart along side at least one paid product will be granted their free nightlight. .

Discounts/Offers Disclaimer: Free shipping offers are not applicable to discounted offers or clearance sale products.