Limited Liability and Indemnity
Last updated 2 September 2026. This page is Mattress Protector Company Australia's own policy, written in plain English. It is not legal advice.
1. Introduction
This Limited Liability and Indemnity Policy sets out the extent of our liability to you and your obligations to indemnify us in connection with your use of our website and the purchase of our products. This policy must be read in conjunction with our Terms and Conditions and Privacy Policy.
2. Limitation of Liability
To the maximum extent permitted by applicable law, the Company, its directors, officers, employees, agents, and suppliers shall not be liable for any:
- Indirect, incidental, special, consequential, punitive, or exemplary damages
- Loss of profits, revenue, data, business opportunities, or goodwill
- Damages arising from your inability to access or use our website or services
- Damages arising from any unauthorised access to or alteration of your data or transmissions
- Any other matter relating to our website, products, or services
Where liability cannot be excluded under Australian Consumer Law or other applicable mandatory legislation, our liability is limited to the maximum extent permitted by law. In such cases, our liability is limited, at our option, to the resupply of the relevant products or services, or the cost of having those products or services resupplied.
3. Cap on Liability
Our total aggregate liability to you for all claims arising out of or in connection with our website, products, or services shall not exceed the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.
4. No Liability for Third Parties
We are not responsible for the actions, products, services, or content of any third parties, including payment processors, shipping carriers, or third-party websites linked from our website. Your use of any third-party services is governed by that third party's own terms and policies.
5. Website Availability and Accuracy
We do not guarantee that our website will be available at all times, error-free, or free from viruses or other harmful components. We make no warranty that information on our website is accurate, complete, or current. We reserve the right to change, suspend, or discontinue any aspect of the website at any time without notice or liability.
6. Force Majeure
We will not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, civil unrest, government restrictions, strikes, supply chain disruptions, or telecommunications failures.
7. Your Indemnity Obligation
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of or access to our website
- Your violation of these terms or any applicable law or regulation
- Your violation of any rights of a third party, including intellectual property, privacy, or consumer rights
- Any false, inaccurate, or misleading information you provide to us
- Any dispute between you and a third party arising from your use of our products or services
8. Acknowledgement
You acknowledge that the limitations of liability set out in this policy are reasonable having regard to all relevant circumstances, including the pricing of our products and services. You agree not to bring any claim that is inconsistent with these limitations.
9. Consumer Law Rights Preserved
Nothing in this policy excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or condition imposed by the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.
10. Severability
If any provision of this Limited Liability and Indemnity Policy is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
11. Contact
If you have any questions about this policy, please contact us through the contact page.
Contact
If anything here is unclear, email theteam@customersupport.care before you order and a person will answer, usually within one business day. You can also use the contact page.