1 General

By accessing the website located at www.myfinalsleep.com, you agree to be bound by these terms of use (Terms of Use). Please review them carefully before acceptance.
We may change these Terms of Use at any time for legal or business reasons by updating them on the website at www.myfinalsleep.com/terms. Unless stated otherwise, any changes take effect immediately and by continuing to use the website you agree to be bound by the changed Terms of Use. You are responsible for ensuring you are familiar with the latest Terms of Use. If we amend the Terms of Use to your detriment you can stop using the Website at any time.

2 Definitions

Customers means persons creating a My Final Sleep Plan on the Website.
GST means Goods and Services Tax in accordance with the Goods and Services Tax Act 1985
Fee means the fee we charge to Customers to create a My Final Sleep Plan in accordance with these Terms of Use.
Website means the www.myfinalsleep.com website.
My Final Sleep Plan means the plan you create using the Website.
Us or we means My Final Sleep Limited.

3 General Conditions of Use

3.1 The Website comprises an online platform on which Customers complete and share a My Final Sleep Plan.
3.2 By creating an account with us on the Website you:
(a) Consent to us conducting verification and security procedures in respect of the information provided during the registration process; and
(b) Agree to keep any login and account details confidential and secure.
3.3 You confirm that all information and details you provide us are true, accurate and up to date in all respects and at all times. You can update and correct your personal details at any time by contacting us.
3.4 You will not, nor allow third parties on your behalf to:
(a) make and distribute copies of the Website;
(b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the Website; or
(c) create derivative works of the Website of any kind whatsoever.
3.5 We reserve the right to amend or withdraw the Website in accordance with these Terms of Use at any time and for any reason.
3.6 You acknowledge and agree that your use of the Website is at your own risk.
3.7 As a Customer, you agree to compensate and indemnify us against any loss, damage, liability or claims that we suffer or become liable for as a result of your failure to comply with these Terms of Use.

4 Availability

4.1 We will use reasonable efforts to make the Website available at all times. However, you acknowledge the Website is provided on the internet and on mobile networks, so the quality and availability of the Website may be affected by factors outside our reasonable control.
4.2 We, our group of companies, and our sub-contractors do not accept any responsibility whatsoever for unavailability of the Website or any difficulty or inability to download or access content or any other communication system failure which may result in the Website being unavailable.
4.3 We will not be responsible for any support or maintenance for the Website.
4.4 We reserve the right to shut down the Website and cease to provide the My Final Sleep Plan. We recommend you retain a copy of your My Final Sleep Plan for your records.

5 My Final Sleep Plan

5.1 On the Website you are able to complete a My Final Sleep Plan questionnaire. Once you have submitted the questionnaire and paid the Fee the Website will deliver your completed My Final Sleep Plan to your email address and the other recipient addresses you have inputted.
5.2 You can update your My Final Sleep Plan at any time by logging into your account and amending answers in your questionnaire. You will be charged an additional Fee each time you resubmit your questionnaire.

6 Fees

6.1 Our Fee is notified on the Website and we reserve the right to revise our Fees at any time.
6.2 Fees are in New Zealand dollars and include Goods and Service Tax (GST).
6.3 Fees are to be paid by credit card via the Website. Payment processing services on the Website are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Member, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Website enabling payment processing services through Stripe, you agree to provide to the us accurate and complete information about you, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.

7 Ownership

7.1 We own or are licensed to use all rights including copyright in:
(a) the Website;
(b) our trade marks, brand names, badges, icons, logos and domain names;
(c) the images in our image library;
(d) data that we collect or that is generated through or in relation to the Website;
(e) all content published, contained, posted or uploaded in or on the Website.
7.2 As copyright owner, we decide who is able to use that content and the kinds of use they can make of it.
7.3 We hereby grant you a worldwide, non-exclusive, royalty-free revocable licence to use the Website for your personal use in accordance with these Terms of Use.
7.4 Except for content that we allow to be shared for specific purposes through Facebook, Instagram, Twitter or other social media, you must not use any of our property without our permission.

8 Data Protection and Privacy

8.1 Protecting your privacy is important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy as well as our use and disclosure of your information. You agree to us using your personal information as described in our Privacy Policy at www.myfinalsleep.com/privacy-policy.
8.2 Where you enter email addresses for additional recipients you undertake to ensure that those addresses are correct. If your plan is sent to the incorrect recipient as a result of your error we will not be responsible for the resulting unintended disclosure of your personal information to that recipient.
8.28.3 While we take reasonable steps to ensure that the Website is reasonably secure, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the Website may be read or intercepted by others.
8.38.4 Please note that where we include links in the Website to the applications, website or services of third parties, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third party website or services.

9 Remedies

9.1 If you breach these Terms of Use then (without limiting any other remedy we may have), we may at our sole discretion, disable or partially disable, modify or delete any or all of your accounts, block your IP address or device from accessing the Website, or in any other lawful way partially or fully restrict your access to the Website. This includes breaches of our codes of conduct or harassment policy.
9.2 You agree to compensate us and keep us compensated for any loss we suffer (including financial or reputational loss) howsoever arising, as a result of your breach of these Terms of Use.

10 Disclaimer and Liability

10.1 My Final Sleep Plan is not a legal document and has no legal effect under local laws. If you own assets that will need to be distributed after your death you should seek appropriate legal advice.
10.2 The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms of Use must in all cases be read subject to those statutory provisions.
10.3 To the maximum extent permitted by law, and for the avoidance of doubt, we hereby disclaim all implied warranties with regard to the Website. The Website and software are provided “as is” and “as available” without warranty of any kind.
10.4 In no event will we be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the Website, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.
10.5 We are not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the Website.
10.6 The Website may include links to third party websites. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and we do not necessarily endorse the views expressed in them.

11 General

11.1 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, natural event interfere with our performance of any of our obligations under these Terms of Use then we may at our sole discretion suspend our performance of any such obligation or cancel any contract and we will not be liable to you in any respect.
11.2 Waiver: These Terms of Use remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
11.3 Severability: If any clause or provision of these Terms of Use will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
11.4 Entire agreement: These Terms of Use constitute the entire agreement between you and us and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to the Website.
11.5 Assignment: You acknowledge that we may transfer our rights under these Terms of Use (and any related claims) to any third party without having to obtain your prior consent.

12 Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the New Zealand courts.

For any query, complaint or comment, please contact us by email at info@myfinalsleep.com.