(1) Agreement to our Terms and Conditions
(2) Changes to our Terms and Conditions
Our Terms and Conditions are subject to being changed. The effective date of such changes will be from the date any such changes are made. You should periodically review our Terms and Conditions to become aware of any changes within them. Further, your continued use of our product and the website mean that you accept any such changes to the terms and conditions.
(3) What our Terms and Conditions govern/include
Our Terms and Conditions govern your access and use of www.mattysleeps.com (the “Website”) and the Social Media which is outlined in our policies
(4) Additional terms and conditions
(a) Our Service Rules
Your use of certain features, functionality, resources, products, or programs offered through our Website may be subject to additional Terms and Conditions (“Service Rules”). You may be required to indicate your acceptance of these Service Rules as necessary.
(b) Our Thirty-Day Trial/Returns/Shipping/Refunds
We offer a thirty-day trial for all customers to ensure they are completely satisfied with their mattress and these are the rules that govern that trial.
(c) Third Party Terms and Conditions
Your use of third party materials and services in relation to your use of our Website, as well as our Facebook (https://www.facebook.com/mattysleeps/) , Instagram (@matty_sleeps), Pinterest (mattysleeps), and Twitter accounts (@matty_sleeps) (together, our “Social Media”), may be subject to third party Terms and Conditions. By using these third party materials and services we are entitled to assume that you agree to their terms and conditions and privacy policies. Please familiarize yourself with the relevant third party policies, including but not limited to, those of Facebook, Instagram, Pinterest, Twitter, and your internet browser.
(5) No waiver of any right or provision
The failure to timely exercise or enforcement of any right or provision under our Terms and Conditions shall not constitute a waiver of such right or provision for us.
Our Terms and Conditions are binding upon and shall inure to the benefit of us and our respective assigns, successors, heirs, and legal representatives. We may assign all rights and obligations under our Terms and Conditions to any affiliated entity or any of its wholly owned subsidiaries. You may not assign our Terms and Conditions or any part thereof to a third party without our prior written consent.
(7) Governing law
(8) Contacting us
If you have any questions about our Terms and Conditions, please contact us using the information at the bottom of this page. We’re happy to answer any inquiries you may have about using the Website
Your access and use of our Website
9) Use of our website is at your own risk
Your use of our Website is at your own risk. We do not warrant that our Website will be free of viruses or other harmful components, but we have taken all efforts to ensure that it is as safe and easy to use as possible.
(10) User-generated information
You are solely responsible for the information which you post on our Website (“user-generated information”), and for any loss or damage resulting from its transmission. User-generated information does not necessarily reflect our views or opinions. We make no express or implied warranties as to the accuracy, integrity, or quality of user-generated information and we are in no way liable for any damage or harm resulting from the transmission of user-generated information.
We have no obligation to monitor any of the user-generated information on our Website, but we have the absolute right to do so, including to alter, edit, refuse to post or remove, or disclose, for any reason we feel fit, the information and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, governmental request, or to protect us or other parties.
We reserve the right to post information on our Website’s public forums using our staff or outside contributors, anonymously or not.
(11) Linking and framing
You may establish a hypertext link to our Website, insofar as it does not infer or state any sponsorship of your website by us or our Website. You may not, without the permission of the entity, frame or inline link any of the content of our Website or incorporate materials from it into another website or service.
(12) General lawfulness
You are responsible for abiding by all relevant laws in using our Website and products. Use of our Website and/or products in certain jurisdictions may itself be unlawful in those jurisdictions. We are not responsible if you nevertheless do so.
(13) Website account and access
You may be required to create an account to access certain features of our Website. You are responsible for maintaining the confidentiality of the account information, including but not limited to your account username and password, and are responsible for all activities that occur under that account. We are not responsible or liable for any loss or damage arising from your failure to protect your account information. You agree to immediately notify us of any unauthorized use or breach of security of the account. You agree to exit from the account at the end of each session. We reserve the right to, without notice, remove your account and restrict, suspend, or terminate your access to any or all parts of our Website.
(14) 10-YEAR LIMITED WARRANTY
14.1 What Is Covered. This Warranty covers:
any physical flaw in the workmanship of the mattress that causes a permanent defect to the foam and/or memory foam despite normal use and proper handling; and
14.2 deterioration of the mattress resulting in visible foam indentation greater than 1.5 inches that is not caused by any of the exclusions set out below.
14.3 Who Is Covered. Only the original purchaser of the mattress from Matty is covered under this Warranty. This Warranty is not transferable.
14.4 How Long Coverage Lasts. This Warranty lasts for a period of three years from the date of purchase from Matty. Note that the Warranty begins on the date of purchase and not the Delivery Date.
14.5 Geographic Limitation. This Warranty is voided if the mattress leaves Canada or the United States.
14.6 What Isn’t Covered. The following are excluded from the Warranty: your firmness or comfort preferences; normal changes in softness of foam and memory foam due to normal use, temperature and humidity; normal body impressions (less than 1.5 inches); your bed height or weight preferences; a mattress with burns, cuts or tears; mattresses used with an inadequate foundation and/or inadequate support system and/or an adjustable bed; physical abuse or damage to the structure and/or cover material including but not limited to liquid damage, stains or soiling; a mattress that is sold by unauthorized resellers who are not authorized retailers (the Warranty is not transferable, as set out below); a normal increase in softness (break-in period); mold or mildew; sheet fit; a mattress that is sold “as is,” “comfort return” or any other phrase or wording that communicates that the product is not new; a mattress that is placed on foundations and/or frames without adequate centre support (Queen and King size mattress frames must have at least 6 leg support. Single and Double Size frames must have at least 4 leg support); a mattress that is placed on platform beds with slats that are less than 3 inches in width and have spaces that are greater than 2 inches apart; a mattress that is used on a wired platform-style frame.
14.7 How to Get Coverage. If there are any defects that are covered under this warranty within 10 years of the date of your purchase from Matty, your Matty mattress will be replaced or repaired. In order to make a claim under this Warranty, please provide us with:
(a) proof of purchase as the original purchaser from Matty Sleeps Inc; and
(b) photos to the specifications below:
For a claim for indentation greater than 1.5 inches: Step 1. Take a flat and level string and pull it tightly across the mattress. Step 2. Using a clearly demarcated measuring device, measure the vertical distance from the bottom of the string to the lowest point of the indentation by lightly making contact with opposite ends. Provide Matty with several clear photos of this process, in particular Step 2, to demonstrate the indention.
For a claim for physical flaws: Provide Matty with several clear photos of the flaw being claimed under warranty.
14.8 Additional Terms. Matty will not charge you to repair or replace the mattress if the mattress is deemed defective by Matty during the term of this Warranty. Any transportation and/or shipping costs associated with the repair or replacement of the mattress will be your responsibility. A new warranty will not be provided for the replacement or repaired mattress (the “Replacement Mattress”). The warranty of the Replacement Mattress continues from the date of purchase of the original mattress. Matty representatives will make the final determination as to whether the mattress will be repaired or replaced.
14.9 Sole and Exclusive Remedy. This Warranty and the remedies set forth in this Warranty are your sole and exclusive remedy with respect to your purchase of the mattress from Matty. You hereby waive all other remedies, warranties or guaranties, express or implied, arising by law or otherwise, including, but not limited to, the warranties of merchantability and/or fitness for particular purpose. You acknowledge that no other representations or warranties were made to you or relied upon by you with respect to the quality and function of the mattress.
General Terms. Jurisdiction. This Warranty will be governed exclusively by the laws of the province of British Columbia. Severability. If any provision of this Warranty is invalid or unenforceable, the other provisions in the Warranty will remain in full force and effect. Notice. For the purpose of this Warranty, e-mail will suffice for written notice when required as set out above. Headings. The headings used in this Warranty are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
(15) The Matty Referral Program
The Referral Program from Matty Sleeps gives our customers (“Matty Sleep Fam”) the opportunity to share their experience and refer friends to purchase a Matty mattress. By doing so our Matty Sleep Fam Member can earn a referral fee.
To enroll, you must:
1.Agree to the Terms & Conditions, and
2.Register for the program
How to Earn Your Referral fee
When you sign up to become apart of the Matty Sleep Fam, we’ll generate a personal link uniquely created only for you. Post it on social media, your blog or website, or just email it to a few friends. When a friend clicks on it, the link will lead them to mattysleeps.com. Once a friend completes a purchase, the Matty Sleeps Fam member is notified. After 30 days (to ensure the friend isn’t going to return the mattress, plus time for processing and shipping), the Matty Sleep Fam Member will receive C$50.00 for Queen, C$40.00 for Double, C$30.00 for Twin, sent through PayPal.
A Matty Sleep Fam Member will earn a commission if:
The Matty Sleep Fam Member may not take the role of the referred friend.
An order qualifies if it is purchased for a minimum of C$449.00. The order cannot be returned for a refund. The referral fee will be forfeited if the mattress is returned for a refund. Fraudulent orders will be cancelled. Matty Sleeps Inc. reserves the right to cancel any order at their own discretion.
Referral payouts for an order that qualifies will be paid out within 60 days of delivery. C$20.00(Queen) C$15.00(Double) C$10.00(Twin) is paid for each approved referral and is processed through PayPal to the Matty Sleep Fam Members PayPal account.
Sharing Referral Links
Please only refer recipients you personally know, who you feel would benefit and appreciate the referral message. Referral links should not be used for commercial purposes or distributed to coupon discount sites.
Termination and Change
Matty Sleeps Inc. reserves the right to terminate or suspend the Referral Program or a Matty Sleep Fam Members ability to participate for any reason. At any give time Matty Sleeps Inc. reserves the right to change incentives or the requirements for the program. Matty Sleeps Inc. reserves the right to review, cancel, modify or approve any referrals it has deemed inappropriate or fraudulent. Any referral fees outstanding will be void and the Matty Sleep Fam member will be terminated for fraudulent and/or inappropriate activity.
There is no limit to the amount of referral fees each Matty Sleep Fam Member can earn.
Updates to the Terms
Without prior notice and at any time Matty Sleeps Inc. reserves the right to update the referral program terms. If the Matty Sleep Fam Member continues to use and participate in the Referral
Program after such modifications it will be understood and constituted as consent given to any modification. If the modified terms are not acceptable a Matty Sleep Fam Member should and please opt out of the program.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.
(15) Intellectual property (“IP”) rights
(a) Our IP rights
Our IP includes but is not limited to ___. All of the materials on our Website are our property and are protected by copyright, trademark, and other IP laws. Our Website is copyrighted and we reserve all rights in it. You may not use our Website or the materials thereon in any way which might infringe upon our IP rights without appropriate authorization by us. You may from time to time, however, download and/or print one copy of individual pages of our Website for your own personal, non-commercial use, provided that you keep intact all proprietary notices and that you do not otherwise infringe upon the relevant IP laws. In doing so you not acquire any IP rights in the material.
(b) Your IP rights
By posting any user-generated information on our Website, you represent to us that you are the owner of the information or that you posted the information with the express consent of the owner of the information and that no element of the information will infringe upon the IP rights of a third party. You are responsible for paying all royalties and other fees that might be due to any person by reason of the information being posted you and thereafter used by the entity. By posting any user-generated information on our Website you grant to us a royalty-free, perpetual, unrestricted, worldwide, and irrevocable license to use the information for any purpose. You are not entitled to any compensation from us for this grant of or our use of the information. By posting any user-generated information you waive any moral rights in connection with the information. We reserve the right to identify you as the author of the information.
(16) Our expertise
We specialize in selling mattresses. We do not specialize diagnosing or treating sleep-related or other physiological issues. The information on our Website should not be construed as an attempt to offer or render a medical or sleep-specialist opinion and does not constitute a medical document. Our Website does not replace or substitute the services of a trained professional. We encourage you to consult the relevant professionals with regards to questions about information found on our Website.
(17) Limitation of liability
(a) Limitation of liability with respect to our dealings with you
We are not responsible for any loss or damage resulting from any decisions made by you in reliance of the information on the website or the use of our product. The maximum amount of liability we will have in any of our dealings together will be for the amount of money you have spent in purchasing our products. We are not responsible for any loss or damage arising from your purchase of any product from our Website, including but not limited to payment, delivery, and use of the purchased product. We are not responsible for any claims arising from your relationship with any of our licensees or manufacturers.
(b) Limitation of liability with respect to your dealings with third parties
We may provide links and pointers on our Website to websites maintained by third parties. Doing so does not constitute an endorsement of or control over such websites or the information, products, or services offered thereon. We expressly disclaim all liability, responsibility, and endorsement with respect to third party websites, and we make no representations as to their accuracy, integrity, or quality. We are not responsible or liable for any loss or damage incurred by you or any other party as a result of any correspondence or dealings between you and such third parties.
You agree to at all times defend, indemnify, and hold harmless us and our affiliates from and against all claims, cause of action, damages, liabilities, and costs and expenses connected to your conduct, including but not limited to anyone accessing our Website through your registered account, your transmission of any user-generated content, your exercise of rights granted under our Terms and Conditions, your breach of any obligation, warranty, representation, or covenant set forth in our Terms and Conditions, your violation of any person’s IP, privacy, publicity, or other right, and your violation of any applicable law or any willful misconduct.
Any provision in the Terms and Conditions that is unlawful, void, or otherwise unenforceable is deemed to be severable from the agreement and shall not affect the validity and enforceability of any remaining provisions.
(20) Dispute resolution
All disputes regarding our Terms and Conditions, including but not limited to claims relating to the breach of our Terms and Conditions in contract or tort and any claim for fraudulent inducement, shall be submitted for resolution to Mediate BC. Any award rendered by the arbitrator shall be final and judgement may be entered into it in accordance with the applicable law in __ [court name]. The party seeking arbitration agrees to serve written notice of the arbitration with the other party to the arbitrator.
The sole and exclusive remedy available to you for using our Website is the discontinued use of our Website. You irrevocably waive any right to seek and/or obtain injunctive or any other equitable relief against us and to restrain or otherwise impair in the production, distribution, exhibition, or other exploitation of any of or business activities.
Our Policy is effective May 26, 2017. Our Policy is subject to being changed. The effective date of such changes may be either at the date of posting or some other specified date. Please periodically review our Policy to become aware of any changes.
What our Policy governs
Our Policy governs the privacy of your PII with respect to your use of mattysleeps.com (our “Website”) and of facebook.com/mattysleeps, and “mattysleeps” on Pintrest and “@matty_sleeps” on Twitter and Instagram (collectively, our “Social Media”) (our Website and Social Media collectively, our “Materials”).
Our Policy does not govern the privacy of your PII with respect to any information you may provide to us or that we may collect offline and/or through other means.
Our Policy does not govern the privacy of your PII with respect to your use of third party materials and services in relation to your use of our Materials. By using these third party materials and services we are entitled to assume that you agree to their privacy policies. Please familiarize yourself with the relevant third party policies, including but not limited to those of Facebook, Pinterest, Instagram, Shopify, and your internet browser.
We are not responsible or liable for the independent privacy and data collection practices of third parties who collect your PII during your use of our Materials or “Services” (defined in the next section).
The PII we collect
You will not be required to voluntarily give us any PII in order to access our Materials. However, you may be required to share PII including but not limited to your name, address, and email address in order to email us or receive emails from us or to place orders (our “Services”). Your privacy with respect to this PII is protected by our Policy.
If you do not want your internet browser to allow cookies from us, you may adjust your internet browser settings accordingly. In doing so, some of our Website functions may not function properly but you will still be able to place orders.
If you do allow cookies, by accessing our Materials you automatically share with us (in the case of your accessing of our Website) or third parties (in the case of your accessing our Social Media) PPI including but not limited to your IP address, the date and time of your use, the website from which you visited, and the website to which you visit next. Your privacy with respect to this PPI is protected by our Policy.
We use Google AdSense Advertising on our Website and have implemented remarking with Google AdSense and Google Display Network Impression Reporting.
You may opt out of the use of the DART cookie by visiting Google’s Privacy and Terms page.
We collect PII including but not limited to the PII described above at times including but not limited to when you access our Materials and when you register, enter information, or place an order on our Website.
How we use your PII
We reserve the right to use your PII for our own marketing or promotional activities, including but not limited to:
Third party disclosure
We will never sell, barter, rent, or otherwise transfer your personal information to third parties, unless those third parties assist us in operating our Materials, conducting our business, or servicing you. In such cases we will require third parties to agree to keep your information confidential. We reserve the right to transfer your information in order to fulfill our legal requirements, to enforce our Terms and Conditions, or to protect the rights, property, or safety of us or other parties, including you. We reserve the right to transfer your non-personally identifiable information to third parties.
How we protect your PII
We reserve the right to use any means which we deem necessary to protect your PII, including but not limited to:
We are not responsible or liable for any third party’s circumvention of any of our privacy settings or security measures (through criminal hacking, for example).
Third party links
We do not include or offer third party products or services on our Materials.
We fully endorse and comply with the requirements of Canada’s anti-spam legislation, the CAN-SPAM Act, and all other applicable unsolicited commercial email laws.
Feel free to reach out to us on our Website or Social Media if you have any questions or concerns about how we use your