Terms of use

Effective Date: 2 February 2018

Welcome to the EdenSleep website, http://www.EdenSleep.co.nz  (Website).

By using this Website you agree to abide by and be subject to these terms of use (Terms) and the Privacy Notice that is incorporated into these Terms by reference and constitutes a part of these Terms. If you do not agree with any of these Terms, do not use this Website.

1. Scope

1. In these Terms, "you" refers to the person using this Website. The terms "we," "our," "us" and "EdenSleep" collectively refer to EdenSleep Limited EdenSleep (NZBN 1186400), C/- Simpson Grierson, 88 Shortland Street, Auckland Central, Auckland, 1010, New Zealand.
2. These Terms give you information about us and the legal terms and conditions on which we sell any of the services listed on our Website (Services).
3. EdenSleep expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. EdenSleep makes no representation about any third-party websites that may be accessed via links from this Website.

2. Privacy

For information about the way in which we use, process and share personal and non-personal information that we may obtain about you, please refer to our Privacy Notice.

3. Disclaimer on Emergency Medical Conditions

Do not use this Website for medical emergency services. In an emergency, call your local emergency assistance number.

4. Medical Disclaimers

1. The Content (as defined in 10 below) available through this Website is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. EdenSleep provides general information about sleep, conducts sleep testing services, and sells and assists with products designed to treat sleep disordered breathing. The use of the Content obtained through this Website does not establish a physician-patient relationship. Your reliance on information and Content obtained by you at or through this Website is solely at your own risk. Neither we nor any providers of content to us assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.
2. The content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Website. We will not discuss or advise you on any issues relating to your medical treatment via this Website.

5. Ordering from us

1. Our Website and these Terms are intended only to apply for consumers wishing to order Products for delivery in New Zealand.
2. You may only buy the Products for your own use or if you are a carer for the use of the person you care for. By purchasing Products from us, you represent and warrant that you are not buying the Products for resale.
3. You are deemed to have placed an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and correct any errors. If you pay by credit card, we will send you an order acknowledgement, detailing the Products you have ordered once your payment has passed our internal validation procedures. If you pay by direct deposit, we will send you an order acknowledgement, detailing the Products you have ordered. However, your order will not be processed until payment has been transferred into our bank account.
4. Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch your order, the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order.
5. We may, at our discretion, refuse to accept an order if:
1. Products are no longer available;
2. we cannot obtain authorisation for your payment;
3. there has been a pricing or Product description error; or
4. you do not meet any eligibility criteria set out in these Terms.
6. If we are unable to supply you with a Product within a reasonable period of time, we will inform you of this by e-mail or phone and we will not process your order. If you have already paid for the Product, we will refund you the full amount including delivery costs (if any) charged, as soon as possible.

6. Pricing and Payment

1.  All prices and offers are in New Zealand dollars unless otherwise stated and are subject to availability and may change before (but not after) we accept your order.
2. Prices available on the Website are only applicable for purchases made online through the Website.
3. If we charge separately for packing, carriage and other relevant charges, the appropriate rates will be clearly specified on your online order when you proceed through the online checkout process.
4. Unless otherwise stated, all prices referred to on the Website are inclusive of GST or any other value added or withholding taxes. In relation to any GST payable for a taxable supply (under GST Law) by a party, the recipient of the supply will pay the GST subject to the supplier providing a tax invoice (as defined under GST Law). Terms used in this clause which are defined in the GST Act have the same meaning as in the GST Act. For the purpose of this clause “GST Act” means Goods and Services Tax Act 1985 (NZ) as amended from time to time.
5. Our Website contains a large number of Products. It is possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing, if you have provided us with your address or your email address. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
6. We accept payment by credit, cheque or direct deposit or such other means as may be specified on the Website. If you pay by credit or direct deposit, payment is authorised and deducted at the time of your order. If you use another method of payment as offered on the Website, the time of payment may differ.
7. If you pay by cheque and the cheque is dishonoured, we will charge you a $20 fee to cover recovery costs and bank charges.
8. We do not store your credit card details. Your payment is processed by a Payment Card Industry accredited third party, which performs the financial transaction, and returns the approval code to us. Whilst we employ the latest technology, we exclude any and all liability for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party. 
9. We will send you a tax invoice when your Products are delivered to you. Your tax invoice is your proof of purchase and may be required for warranty claims.

7. Delivery

1. Subject to clause 7(b) delivery will be to the address specified in your order, which must be within New Zealand. We aim to ship all orders that are in stock within 1 working day of receipt of payment. Delivery is by a third party and occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed.
2. The delivery charges specified as part of your order will apply. These charges may change from time to time. Currently, we do not charge for standard shipping New Zealand wide on all purchases made online on the Website that total over $59. Shipping costs and options for orders under $59 will be displayed on the Cart page.

8. Risk and Title

1. Risk of any loss or damage to the Products passes to you at the time of delivery to our carrier.
2. Title to and property in the Products will not pass until you have paid all money owed to us on any account whatsoever.

9. Rights under New Zealand consumer law

We acknowledge that if you acquire Services from us other than for business purposes, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. We advise you to visit www.consumerprotection.govt.nz in order to learn more about your consumer rights when purchasing goods or services.

10. Intellectual Property Rights

Ownership

All content, text, images, data, information and other material displayed, available or present on this Website (Content), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (referred to as Intellectual Property Rights), are the property of EdenSleep, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms.

Authorized and Prohibited Uses

You may download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms  and applicable laws. Except as may otherwise be expressly authorised by these Terms, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without our prior written permission. If this Website permits the emailing of certain Content or a link through the use of an "email to a friend" (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe on any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.

11. User Content

1. Except as provided in our Website Privacy Notice, any content that you submit to this Website or to EdenSleep, whether directly or through a third-party website (User Content) will be deemed to be non-confidential and may be disclosed through this Website to unknown persons on a worldwide basis without control by EdenSleep, including for browsing, downloading, printing and other uses by such other persons or entities.
2. You agree not to submit User Content to this Website or EdenSleep except for User Content that is fully authorised for purposes of this Website and these Terms, and by posting User Content on this Website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute User Content. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws.
3. You agree that EdenSleep will have, and you grant to EdenSleep, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Website or EdenSleep.
4. EdenSleep does not endorse any User Content, or third-party product or service that may appear on this Website. Nothing in these Terms will obligate EdenSleep to use any User Content you submit or permit the posting of such User Content on this Website.

12. Registration and Passwords

1. At times, we may require you to have a password and provide registration details to access this Website or portions of this Website. To the extent that we do require a password and registration details, the details you provide must be correct, current and complete. If EdenSleep believes that the details are not correct, current and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any.
2. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are responsible for all activities that occur under your password(s). EdenSleep is not liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by EdenSleep, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.

13. Linking

1. Unless otherwise agreed between you and EdenSleep, no link will be made to any page of this Website except a direct link to the top page (eg, http:// www.EdenSleep.co.nz) without framing. In addition, any link to this Website must be immediately followed by notice to EdenSleep via email at office@edensleep.co.nz. Moreover, if EdenSleep deems your linking practices in relation to this Website to be inappropriate, EdenSleep may choose to delete the link or to provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of EdenSleep relating to such notice.

14. Access to Website

While it is EdenSleep's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of EdenSleep, access to the Website may be interrupted, suspended or terminated from time to time. EdenSleep will have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.

15. Import/Export Control

You agree not to submit any User Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

16. Your Obligations

You agree to comply with the following:

• You will comply with all applicable laws in connection with your use of this Website;
• You will not engage in, conduct or submit to our Website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. You must not cause damage, embarrassment or adverse publicity to us.
• You will submit only User Content that is functionally and technically compatible with our Website. You will not attempt to and will not damage, corrupt, tamper with or infect our Website, the Content or any of our information or telecommunication systems with a virus or other malicious computer program.
• You will only use this Website for the permitted purposes stated in these Terms, and will not engage in abusive activity with respect to our Website, or undertake any other activity which may adversely affect the use or enjoyment of our Website by any person. You are prohibited from using any services or facilities provided in connection with our Website to compromise security or tamper with system resources and accounts.
• You agree to cooperate with all of our reasonable requests and will notify us promptly on learning of any actual or suspected breach of Terms by you or unauthorised use or abuse of this Website.

17. Warranty Disclaimers

This Website, its content and its links are provided on an "as is" basis and are used only at your sole risk, to the fullest extent permissible by law. EdenSleep disclaims all warranties, representations and conditions, express or implied, of any kind, regarding this Website (including its content, hardware, software and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law

From time to time in connection with your use of or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms regarding any use of this Website, unless otherwise expressly stated.

18. Limitations on Liability and Remedies

1. EdenSleep's entire liability and your exclusive remedy with respect to any dispute with EdenSleep (including without limitation your use of the Website) is to discontinue your use of the Website.
2. EdenSleep and its vendors will not be liable for any direct, indirect, special, incidental, consequential or exemplary damage arising from your use of this Website or for any other claim related in any way to your use or registration with EdenSleep. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if EdenSleep had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, EdenSleep and its vendors' liability in such state or jurisdiction will be limited to the extent permitted by law. EdenSleep does not endorse, warrant or guarantee any product or service offered through this Website and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services

 19. Indemnification

You agree to defend, indemnify and hold harmless EdenSleep and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with your use of this Website, online conduct, breach of these Terms , or dealings or transactions with other persons resulting from use of this Website.

20.Third-Party Sites and Other Information

This Website may contain as a convenience to you, content, links and other information submitted by third parties over whom EdenSleep has no control or responsibility, as well as translations thereof which EdenSleep may arrange. EdenSleep has no obligation to monitor, control or restrict the use of this Website, or third-party websites accessible via links on this Website. These other sites are not under EdenSleep's control, and you acknowledge that (whether or not such sites are affiliated in any way with EdenSleep) EdenSleep is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by EdenSleep or any association with its operators.

21. Separate Terms and Conditions

From time to time in connection with your use of or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms regarding any use of this Website, unless otherwise expressly stated.

22. Modification of Terms

These Terms and the Privacy Policy constitute the complete agreement between you and EdenSleep with respect to their subject matter and supersede any prior agreement or communication. These Terms are subject to change from time to time. EdenSleep will endeavour to post a notice of any changes to these Terms for a period of 30 days following any such modifications.

Therefore, you are advised to review these Terms occasionally, or at least every 30 days. Your continued use of this Website subsequent to EdenSleep's notice of modification of these Terms will constitute your acceptance of the modified Terms.

23. General

1. Force Majeure. We will not be liable for any delay or failure to perform under these Terms if such delay is due to any circumstance beyond our reasonable control.
2. Entire agreement. These Terms form the entire agreement between you and us.
3. Changes. We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions. Such modifications and additional terms and conditions will be effective immediately and will apply to future orders you make with us.
4. Termination by us. We reserve the right to refuse to supply Services to you, terminate our contract with you or terminate your account with us at our sole discretion and without incurring any liability to you.
5. Support. If you require support, please phone our office on 0800 333675. If you require face to face personalised support, please go to one of our EdenSleep’s store locations, by appointment.
6. Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms whether in whole or in part without our prior written consent.
7. Void or unenforceable terms. If any provision of these Terms is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which will continue to have full force and effect. Only the parties to these Terms may seek to enforce them.
8. Dispute resolution and governing law. With respect to any and all disputes arising out of or in connection with our Website or these Terms, each of us agrees to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. These Terms will be governed by and will be construed in accordance with the laws of New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand and its appellate courts and waives any right to object to proceedings being brought in those courts for any reason.
9. Contact Information. If you have any questions regarding these Terms or this Website, please contact us by email at office@edensleep.co.nz.

ResMed EZ Subscription T&Cs

ResMed EZ Subscription T&Cs

Terms and conditions

EdenSleep (“We”, “Us”, “Our”) will provide customer (“You”, “Your”) with products, services and replenishment products in accordance with the “ResMed EZ” subscription You selected. Details of the subscriptions are set out at the end of these terms and are as described on the website.

Choosing Your Subscription

You can modify your subscription at any time subject to these terms and conditions. If You want to modify your subscription, please use the 'Contact Us' form on our website or contact us at 0800 333 675. The portion of Your subscription related to the device is for a fixed period. The mask and accessories component of Your subscription is reoccurring and will continue until You cancel Your subscription.

Fees

When You start the subscription, You make a sign up fee of $99.00 NZD (for device subscriptions only) plus Your first weekly fee. Depending on the subscription You choose, You will start paying fees at regular periods. The upfront payment and any subsequent fees are as stated on the website. You can see your fee plan via your EdenSleep online account (My Account). We accept payments via debit and credit card. We will not charge You interest, administration, or other fees for use of a debit or credit card. You will own and be able to keep the products You have received under the subscription once You make full and final payment of all fees due over the life of Your subscription.

Payment

If You fail to pay fees when due, We will send you notifications to your email address asking you to complete payment. We may stop supplying You with the products and services until You have paid all outstanding fees. We reserve the right to terminate Your subscription after providing You with a written notice. If We terminate Your subscription, You will be liable to pay the remainder of the weekly fees under Your subscription.

If You have failed to pay fees when due, We may look to:

• recover any and all outstanding amounts owed to Us by You;
• recover other costs associated with recovery of those amounts from You, including Our legal costs; and
• exercise any rights available to Us by law, including by referring Your outstanding amount to a third party debt collection service or commencing legal action against You.

If You have failed to pay any and all outstanding amounts, We may take steps to notify a credit reporting body of Your default. This may negatively affect Your credit score.

Title and Risk

Title and risk of any loss or damage to products will pass to You when You take physical possession of the products or when the products are delivered to You.

Product Availability

If a product is temporarily unavailable or has been discontinued, We will substitute it with a similar product that has equivalent functionality and is of similar value. If You are not satisfied with the substitute product, You may cancel the portion of Your subscription that relates to that product at no cost to You.

Personal information & Sleep Coach Support

You will receive sleep coach support from our sleep coaches for the duration of Your subscription. When you sign up to a subscription, We collect, use and disclose Your personal and health information as set out in our privacy notice, found at: https://www.edensleep.co.nz/privacy-notice.

Please note that sleep coaches are sales and customer service representatives who have received training in sleep health. As part of Your subscription, they will give You general information about sleep health, sleep disorders and products that may help improve Your sleep. They are not a qualified healthcare professional and do not provide medical advice.

If You agree to EdenSleep registering Your ResMed device in the secure, cloud-based system known as AirView™, You consent to EdenSleep using Your personal and sensitive information collected from You via Your ResMed device to support You (both in person and remotely) in Your use of the ResMed device, to assist You in therapy management through our sleep coach support, to help You make sure Your ResMed device is working properly and as further described in the AirView™ registration section below. Without this consent, You will still receive sleep coach support from Our sleep coaches as part of Your subscription but we will not be able to utilise the more detailed AirView™ data to provide You with more personalised support.

Please remember to update Your personal information, including Your address, payment method, and contact details as soon as possible by:

1. Updating your My Account
2. Call us at 0800 333 675

We will be delivering the products to the address You provide. We may charge You a delivery fee if We are required to re-deliver due to an incorrect address being provided to Us.

Cancellation

Within your My Account, product/s that are part of Your subscription will either be categorised as ‘active’ (products that have already been delivered to You) or ‘scheduled’ (upcoming shipments of product/s that have not yet been delivered to You).

You may choose to cancel Your subscription at any time by giving Us notice via email, phone or by visiting an EdenSleep store, however, You will be required to pay all outstanding amounts owed on any ‘active’ products that have already been delivered to You. Your outstanding amount can be found on Your My Account.

You can cancel a ‘scheduled’ product under Your subscription via Your My Account, phone, or by visiting an EdenSleep store up to one day before the scheduled product ship date. Alternatively, You can cancel a ‘scheduled’ product by submitting an enquiry via Our Contact Us form 7 days before the scheduled product ship date.

If You cancel Your subscription or a scheduled delivery by mistake, please contact us at 0800 333 675

Masks/Accessories Accidental Breakage for Total Care Customers Only

We will cover You for any accidental breakage to certain mask parts, tubing, and HumidAir for the duration of subscription/s*. You will need to send a photo of the product that has been damaged to Us or take Your product to an EdenSleep store. You can only make one claim per product per year provided that You are signed up to a Total Care Plan at the time of claim and have no outstanding money owed to Us. Our accidental breakage cover is not an insurance policy, nor are We insurers. This cover is offered to You as an extended warranty for select products We sell.

*Selected products include: ClimateLineAir Heated Tube; HumidAir Tub; AirMini Tubing; F20/F30 connector for AirMini; N20 Connector for AirMini; N30 Connector for AirMini; P10 Connector for AirMini; and all components of the AirFit F30i, AirFit F30, AirFit F20, AirFit N30, AirFit N30i, AirFit N20, AirFit N20 Classic, AirFit P30i, AirFit P10, AirFit P10 for AirMini, and AirFit N30 for AirMini masks.

Sleep-on-it Promise

If You sign up to a subscription and change Your mind, You may cancel Your subscription within 30 days from the date you first receive delivery of product/s under Your subscription. Note: We won’t refund any fees You already paid Us. You will need to contact EdenSleep to cancel Your subscription and arrange for the return of products to the store You had purchased the products from or, if You purchased the products online, You will need to ship the products at Your cost to the following address: Unit 11, 477a Devon Street East, Strandon, New Plymouth 4312. You will need to include your full name, the word “ResMed EZ Sleep-on-it Promise” and your order number on the label outside the box. If You do not notify EdenSleep of Your intention to cancel Your subscription within the 30-day period and send the product back to EdenSleep, We may continue to charge You weekly payments.

Mask Swap Guarantee

You may change Your mask within 30 days from the date of receipt of Your mask at no additional cost to You, provided that (a) there is no damage to the mask as a result of improper use; and (b) You have proof of purchase document. Note: The ResMed Mask Swap Guarantee is limited to one mask swap per customer, per year. You will need to contact EdenSleep via phone or in store to organise a mask swap and return the original mask to Us before the replacement mask is issued. You will need to return of the mask to the store You purchased the mask from or, if You purchased the mask online, You will need to ship the mask at Your cost to the following address: Unit 11, 477a Devon Street East, Strandon, New Plymouth 4312. You will need to include your full name, the word “ResMed EZ Mask Swap Guarantee” and your order number on the label outside the box.

Warranty and Consumer Guarantees

If you acquire products or services from us other than for business purposes, Our products come with statutory guarantees that cannot be excluded under the Consumer Guarantees Act 1993. Nothing in these Terms seeks to limit your rights under the Consumer Guarantees Act 1993 or otherwise. You are entitled to a replacement or refund for a failure of substantial character and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be acceptable quality or fail to comply with a guarantee specified in the Consumer Guarantees Act 1993. ResMed also provides a limited manufacturer’s warranty on products manufactured by ResMed. Information on the limited warranty is provided with the products.

Please visit www.consumerprotection.govt.nz in order to learn more about your consumer rights when purchasing goods or services.

Governing law

These terms are governed by the laws of New Zealand.

EdenSleep Ltd

NZBN 1186400

131 Cobham Drive, Hamilton East, Hamilton 3216 New Zealand

T +64 6769 9975

office@edensleep.co.nz

(Version 4 as of 10 November 2022)

ResMed EZ Subscription Schedule

**includes the following: 1 x AirFit Mask compatible with AirMini; 1 x AirMini Tubing; 6pc AirMini Standard Filters; and 1 x Mask Connector.

AirView™ registration

Our friendly sleep coaches are here to get you started and support your therapy journey to help you achieve your sleep goals. ResMed Air Solutions is designed to make your therapy experience as seamless as possible, whereby you and sleep coaches can actively engage in your care. One of the tools we utilise is our AirView application. If you consent to EdenSleep registering your device in our AirView application, this will help us aid you to understand how your therapy is going, how your ResMed device is working and help us increase your awareness and education of sleep health. AirView registration is optional.

Set out below, we explain what AirView registration entails, how we use the information you provide when you allow us to register your ResMed device in AirView and how you can withdraw your consent.

AirView is ResMed’s secure cloud-based system used to monitor and optimise your use of a ResMed device.

AirView is hosted by a service company located in Japan. All data from your ResMed device is transmitted to AirView in encrypted form.

If you allow EdenSleep to register your ResMed device in AirView:

• EdenSleep will create your profile in AirView using your name, address, other contact information and the unique serial number of your ResMed device.
• Data that is transmitted from your ResMed device or uploaded via an SD card can subsequently be linked to your profile in AirView enabling EdenSleep to utilise this data for the purposes described in section 3 below.

Certain ResMed devices1 use built-in wireless connectivity to automatically transmit data from your ResMed device to AirView. For ResMed’s Card-to-Cloud only devices where built-in wireless connectivity is not available, ResMed supply SD cards for your devices; these SD cards easily store usage data allowing EdenSleep to download information from your device into AirView.

Please note, even if your ResMed device is not registered in AirView, where your ResMed device has built-in wireless connectivity, it will still automatically transmit data to ResMed’s secure cloud. However, if your ResMed device is not linked to your AirView profile, this data is not reasonably capable of identifying you.

If you allow EdenSleep to register your ResMed device in AirView, the following types of data transmitted by your ResMed device or uploaded via an SD card will be linked to your AirView profile:

• Device-identification data: such as serial number and device model;
• Therapy-related data: such as device usage hours, mask seal, average events per hour (AHI) and the number of times a mask is taken off, any other data that is inputted into the device, such as responses to questions on the device;
• Device diagnostic data: data about what’s working and not working, for example, device usage and connectivity events, performance metrics, errors and fault information if they occur.

3. How we use your data

If you allow EdenSleep to register your ResMed device in AirView, you consent to EdenSleep processing the data received from you and transmitted from your ResMed device to:

1. respond to any queries you may have;
2. troubleshoot and support you (both in person and remotely) in your use of your ResMed device;
3. assist you through our sleep coach support service*;
4. monitor the performance of your ResMed device including device usage to create reports, conduct analysis, produce analytics, or perform any other operation for the purposes of monitoring therapy adherence;
5. help you make sure your ResMed device is working properly;
6. create and send reports to your doctor, if requested by you;
7. conduct and support research and innovation (including analytics) on topics of technological advancement, health, wellbeing and public interest;
8. improve our products and services.

EdenSleep will keep the data collected from your ResMed device for as long as is necessary for the purposes indicated above, or to comply with our legal obligations, such as (statutory) retention periods.

*Please note: EdenSleep sleep coaches are sales and customer service representatives who have received training in sleep health. They can give general information about sleep health, sleep disorders and products that may help improve Your sleep. They are not a qualified healthcare professional and cannot provide medical advice.

4. Right to Withdraw Consent

If you give your consent to EdenSleep to register your ResMed device in AirView you may revoke your consent at any time without giving any reason.

If you do not give your consent to EdenSleep to register your ResMed device in AirView or if you do give your consent but then subsequently withdraw it, this will impede EdenSleep’s ability to utilise the more detailed data in AirView to provide you with more personalised support.

To exercise your rights to withdraw your consent, please send an email to privacy@resmed.com.

For more information, please read EdenSleep’s Privacy Notice.

¹Wireless connectivity is available for selected AirSense™ 10, AirCurve™ 10 and Lumis™ devices. Wireless communication depends on network availability.

EdenSleep (“ We ”, “ Us ”, “ Our ”) will provide customer (“ You ”, “ Your ”) with products, services and replenishment products in accordance with the “ResMed EZ” subscription You selected. Details of the subscriptions are set out at the end of these terms and are as described on the website.

Choosing Your Subscription

You can modify your subscription at any time subject to these terms and conditions. If You want to modify your subscription, please use the ‘ Contact Us ’ form on our website or contact us at 0800 333 675. The portion of Your subscription related to the device is for a fixed period. The mask and accessories component of Your subscription is reoccurring and will continue until You cancel Your subscription.

Fees

When You start the subscription, You make a sign up fee of $99.00 NZD (for device subscriptions only) plus Your first weekly fee. Depending on the subscription You choose, You will start paying fees at regular periods. The upfront payment and any subsequent fees are as stated on the website. You can see your fee plan via your EdenSleep online account ( My Account ). We accept payments via debit and credit card. We will not charge You interest, administration, or other fees for use of a debit or credit card. You will own and be able to keep the products You have received under the subscription once You make full and final payment of all fees due over the life of Your subscription.

Payment

If You fail to pay fees when due, We will send you notifications to your email address asking you to complete payment. We may stop supplying You with the products and services until You have paid all outstanding fees. We reserve the right to terminate Your subscription after providing You with a written notice. If We terminate Your subscription, You will be liable to pay the remainder of the weekly fees under Your subscription.

If You have failed to pay fees when due, We may look to:

• recover any and all outstanding amounts owed to Us by You;
• recover other costs associated with recovery of those amounts from You, including Our legal costs; and
• exercise any rights available to Us by law, including by referring Your outstanding amount to a third party debt collection service or commencing legal action against You.

If You have failed to pay any and all outstanding amounts, We may take steps to notify a credit reporting body of Your default. This may negatively affect Your credit score.

Title and Risk

Title and risk of any loss or damage to products will pass to You when You take physical possession of the products or when the products are delivered to You.

Product Availability

If a product is temporarily unavailable or has been discontinued, We will substitute it with a similar product that has equivalent functionality and is of similar value. If You are not satisfied with the substitute product, You may cancel the portion of Your subscription that relates to that product at no cost to You.

Personal information & Sleep Coach Support

You will receive sleep coach support from our sleep coaches for the duration of Your subscription. When you sign up to a subscription, We collect, use and disclose Your personal and health information as set out in our privacy notice, found at: https://www.edensleep.co.nz/privacy-notice .

Please note that sleep coaches are sales and customer service representatives who have received training in sleep health. As part of Your subscription, they will give You general information about sleep health, sleep disorders and products that may help improve Your sleep. They are not a qualified healthcare professional and do not provide medical advice.

If You agree to EdenSleep registering Your ResMed device in the secure, cloud-based system known as AirView™ , You consent to EdenSleep using Your personal and sensitive information collected from You via Your ResMed device to support You (both in person and remotely) in Your use of the ResMed device, to assist You in therapy management through our sleep coach support, to help You make sure Your ResMed device is working properly and as further described in the AirView™ registration section below. Without this consent, You will still receive sleep coach support from Our sleep coaches as part of Your subscription but we will not be able to utilise the more detailed AirView™ data to provide You with more personalised support.

Please remember to update Your personal information, including Your address, payment method, and contact details as soon as possible by:

1. Updating your My Accoun
2. Call us at 0800 333 675

We will be delivering the products to the address You provide. We may charge You a delivery fee if We are required to re-deliver due to an incorrect address being provided to Us.

Cancellation

Within your My Account, product/s that are part of Your subscription will either be categorised as ‘active’ (products that have already been delivered to You) or ‘scheduled’ (upcoming shipments of product/s that have not yet been delivered to You).

You may choose to cancel Your subscription at any time by giving Us notice via email, phone or by visiting an EdenSleep store, however, You will be required to pay all outstanding amounts owed on any ‘active’ products that have already been delivered to You. Your outstanding amount can be found on Your My Account.

You can cancel a ‘scheduled’ product under Your subscription via Your My Account, phone, or by visiting an EdenSleep store up to one day before the scheduled product ship date. Alternatively, You can cancel a ‘scheduled’ product by submitting an enquiry via Our Contact Us form 7 days before the scheduled product ship date.

If You cancel Your subscription or a scheduled delivery by mistake, please contact us at 0800 333 675

Masks/Accessories Accidental Breakage for Total Care Customers Only

We will cover You for any accidental breakage to certain mask parts, tubing, and HumidAir for the duration of subscription/s*. You will need to send a photo of the product that has been damaged to Us or take Your product to an EdenSleep store. You can only make one claim per product per year provided that You are signed up to a Total Care Plan at the time of claim and have no outstanding money owed to Us. Our accidental breakage cover is not an insurance policy, nor are We insurers. This cover is offered to You as an extended warranty for select products We sell.

*Selected products include: ClimateLineAir Heated Tube; HumidAir Tub; AirMini Tubing; F20/F30 connector for AirMini; N20 Connector for AirMini; N30 Connector for AirMini; P10 Connector for AirMini; and all components of the AirFit F30i, AirFit F30, AirFit F20, AirFit N30, AirFit N30i, AirFit N20, AirFit N20 Classic, AirFit P30i, AirFit P10, AirFit P10 for AirMini, and AirFit N30 for AirMini masks.

Sleep-on-it Promise

If You sign up to a subscription and change Your mind, You may cancel Your subscription within 30 days from the date you first receive delivery of product/s under Your subscription. Note: We won’t refund any fees You already paid Us. You will need to contact EdenSleep to cancel Your subscription and arrange for the return of products to the store You had purchased the products from or, if You purchased the products online, You will need to ship the products at Your cost to the following address: Unit 11, 477a Devon Street East, Strandon, New Plymouth 4312. You will need to include your full name, the word “ResMed EZ Sleep-on-it Promise” and your order number on the label outside the box. If You do not notify EdenSleep of Your intention to cancel Your subscription within the 30-day period and send the product back to EdenSleep, We may continue to charge You weekly payments.

Mask Swap Guarantee

You may change Your mask within 30 days from the date of receipt of Your mask at no additional cost to You, provided that (a) there is no damage to the mask as a result of improper use; and (b) You have proof of purchase document. Note: The ResMed Mask Swap Guarantee is limited to one mask swap per customer, per year. You will need to contact EdenSleep via phone or in store to organise a mask swap and return the original mask to Us before the replacement mask is issued. You will need to return of the mask to the store You purchased the mask from or, if You purchased the mask online, You will need to ship the mask at Your cost to the following address: Unit 11, 477a Devon Street East, Strandon, New Plymouth 4312. You will need to include your full name, the word “ResMed EZ Mask Swap Guarantee” and your order number on the label outside the box.

Warranty and Consumer Guarantees

If you acquire products or services from us other than for business purposes, Our products come with statutory guarantees that cannot be excluded under the Consumer Guarantees Act 1993. Nothing in these Terms seeks to limit your rights under the Consumer Guarantees Act 1993 or otherwise. You are entitled to a replacement or refund for a failure of substantial character and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be acceptable quality or fail to comply with a guarantee specified in the Consumer Guarantees Act 1993. ResMed also provides a limited manufacturer’s warranty on products manufactured by ResMed. Information on the limited warranty is provided with the products.

Please visit www.consumerprotection.govt.nz in order to learn more about your consumer rights when purchasing goods or services.

Governing law

These terms are governed by the laws of New Zealand.

EdenSleep Ltd

NZBN 1186400

131 Cobham Drive, Hamilton East, Hamilton 3216 New Zealand

T +64 6769 9975

office@edensleep.co.nz

(Version 3 as of 10 October 2022)

ResMed EZ Subscription Schedule

**includes the following: 1 x AirFit Mask compatible with AirMini; 1 x AirMini Tubing; 6pc AirMini Standard Filters; and 1 x Mask Connector.

AirView™ registration

Our friendly sleep coaches are here to get you started and support your therapy journey to help you achieve your sleep goals. ResMed Air Solutions is designed to make your therapy experience as seamless as possible, whereby you and sleep coaches can actively engage in your care. One of the tools we utilise is our AirView application. If you consent to EdenSleep registering your device in our AirView application, this will help us aid you to understand how your therapy is going, how your ResMed device is working and help us increase your awareness and education of sleep health. AirView registration is optional.

Set out below, we explain what AirView registration entails, how we use the information you provide when you allow us to register your ResMed device in AirView and how you can withdraw your consent.

AirView is ResMed’s secure cloud-based system used to monitor and optimise your use of a ResMed device.

AirView is hosted by a service company located in Japan. All data from your ResMed device is transmitted to AirView in encrypted form.

If you allow EdenSleep to register your ResMed device in AirView:

• EdenSleep will create your profile in AirView using your name, address, other contact information and the unique serial number of your ResMed device.

• Data that is transmitted from your ResMed device or uploaded via an SD card can subsequently be linked to your profile in AirView enabling EdenSleep to utilise this data for the purposes described in section 3 below.

Certain ResMed devices 1 use built-in wireless connectivity to automatically transmit data from your ResMed device to AirView. For ResMed’s Card-to-Cloud only devices where built-in wireless connectivity is not available, ResMed supply SD cards for your devices; these SD cards easily store usage data allowing EdenSleep to download information from your device into AirView.

Please note, even if your ResMed device is not registered in AirView, where your ResMed device has built-in wireless connectivity, it will still automatically transmit data to ResMed’s secure cloud. However, if your ResMed device is not linked to your AirView profile, this data is not reasonably capable of identifying you.

If you allow EdenSleep to register your ResMed device in AirView, the following types of data transmitted by your ResMed device or uploaded via an SD card will be linked to your AirView profile:

• Device-identification data : such as serial number and device model;
• Therapy-related data : such as device usage hours, mask seal, average events per hour (AHI) and the number of times a mask is taken off, any other data that is inputted into the device, such as responses to questions on the device;
• Device diagnostic data : data about what’s working and not working, for example, device usage and connectivity events, performance metrics, errors and fault information if they occur.

3. How we use your data

If you allow EdenSleep to register your ResMed device in AirView, you consent to EdenSleep processing the data received from you and transmitted from your ResMed device to:

1. respond to any queries you may have;
2. troubleshoot and support you (both in person and remotely) in your use of your ResMed device;
3. assist you through our sleep coach support service*;
4. monitor the performance of your ResMed device including device usage to create reports, conduct analysis, produce analytics, or perform any other operation for the purposes of monitoring therapy adherence;
5. help you make sure your ResMed device is working properly;
6. create and send reports to your doctor, if requested by you;
7. conduct and support research and innovation (including analytics) on topics of technological advancement, health, wellbeing and public interest;
8. improve our products and services.

EdenSleep will keep the data collected from your ResMed device for as long as is necessary for the purposes indicated above, or to comply with our legal obligations, such as (statutory) retention periods.

*Please note: EdenSleep sleep coaches are sales and customer service representatives who have received training in sleep health. They can give general information about sleep health, sleep disorders and products that may help improve Your sleep. They are not a qualified healthcare professional and cannot provide medical advice.

4. Right to Withdraw Consent

If you give your consent to EdenSleep to register your ResMed device in AirView you may revoke your consent at any time without giving any reason.

If you do not give your consent to EdenSleep to register your ResMed device in AirView or if you do give your consent but then subsequently withdraw it, this will impede EdenSleep’s ability to utilise the more detailed data in AirView to provide you with more personalised support.

To exercise your rights to withdraw your consent, please send an email to privacy@resmed.com.

For more information, please read EdenSleep’s Privacy Notice .

¹ Wireless connectivity is available for selected AirSense™ 10, AirCurve™ 10 and Lumis™ devices. Wireless communication depends on network availability.

EdenSleep (“We”, “Us”, “Our”) will provide customer (“You”, “Your”) with products, services and replenishment products in accordance with the “ResMed EZ” subscription You selected. Details of the subscriptions are set out at the end of these terms and are as described on the website.

Choosing Your Subscription

You can modify your subscription at any time subject to these terms and conditions. If You want to modify your subscription, please use the ‘Contact Us’ form on our website or contact us at 0800 333 675. The portion of Your subscription related to the device is for a fixed period. The mask and accessories component of Your subscription is reoccurring and will continue until You cancel Your subscription.

Fees

When You start the subscription, You make a sign up fee of $99.00 NZD (for device subscriptions only) plus Your first weekly fee. Depending on the subscription You choose, You will start paying fees at regular periods. The upfront payment and any subsequent fees are as stated on the website. You can see your fee plan via your EdenSleep online account (My Account). We accept payments via debit and credit card. We will not charge You interest, administration, or other fees for use of a debit or credit card. You will own and be able to keep the products You have received under the subscription once You make full and final payment of all fees due over the life of Your subscription.

Payment

If You fail to pay fees when due, We will send you notifications to your email address asking you to complete payment. We may stop supplying You with the products and services until You have paid all outstanding fees. We reserve the right to terminate Your subscription after providing You with a written notice. If We terminate Your subscription, You will be liable to pay the remainder of the weekly fees under Your subscription.

If You have failed to pay fees when due, We may look to:

• recover any and all outstanding amounts owed to Us by You;
• recover other costs associated with recovery of those amounts from You, including Our legal costs; and
• exercise any rights available to Us by law, including by referring Your outstanding amount to a third party debt collection service or commencing legal action against You.

If You have failed to pay any and all outstanding amounts, We may take steps to notify a credit reporting body of Your default. This may negatively affect Your credit score.

Title and Risk

Title and risk of any loss or damage to products will pass to You when You take physical possession of the products or when the products are delivered to You.

Product Availability

If a product is temporarily unavailable or has been discontinued, We will substitute it with a similar product that has equivalent functionality and is of similar value. If You are not satisfied with the substitute product, You may cancel the portion of Your subscription that relates to that product at no cost to You.

Personal information & Sleep Coach Support

You will receive sleep coach support from our sleep coaches for the duration of Your subscription. When you sign up to a subscription, We collect, use and disclose Your personal and health information as set out in our privacy notice, found at: https://www.edensleep.co.nz/privacy-notice.

Please note that sleep coaches are sales and customer service representatives who have received training in sleep health. As part of Your subscription, they will give You general information about sleep health, sleep disorders and products that may help improve Your sleep. They are not a qualified healthcare professional and do not provide medical advice.

If You agree to EdenSleep registering Your ResMed device in the secure, cloud-based system known as AirView™, You consent to EdenSleep using Your personal and sensitive information collected from You via Your ResMed device to support You (both in person and remotely) in Your use of the ResMed device, to assist You in therapy management through our sleep coach support, to help You make sure Your ResMed device is working properly and as further described in the AirView™ registration section below. Without this consent, You will still receive sleep coach support from Our sleep coaches as part of Your subscription but we will not be able to utilise the more detailed AirView™ data to provide You with more personalised support.

Please remember to update Your personal information, including Your address, payment method, and contact details as soon as possible by:

1. Updating your My Account
2. Call us at 0800 333 675

We will be delivering the products to the address You provide. We may charge You a delivery fee if We are required to re-deliver due to an incorrect address being provided to Us.

Cancellation

Within your My Account, product/s that are part of Your subscription will either be categorised as ‘active’ (products that have already been delivered to You) or ‘scheduled’ (upcoming shipments of product/s that have not yet been delivered to You).

You may choose to cancel Your subscription at any time by giving Us notice via email, phone or by visiting an EdenSleep store, however, You will be required to pay all outstanding amounts owed on any ‘active’ products that have already been delivered to You. Your outstanding amount can be found on Your My Account.

You can cancel a ‘scheduled’ product under Your subscription via Your My Account, phone, or by visiting an EdenSleep store up to one day before the scheduled product ship date. Alternatively, You can cancel a ‘scheduled’ product by submitting an enquiry via Our Contact Us form 7 days before the scheduled product ship date.

If You cancel Your subscription or a scheduled delivery by mistake, please contact us at 0800 333 675

Masks/Accessories Accidental Breakage for Total Care Customers Only

We will cover You for any accidental breakage to certain mask parts, tubing, and HumidAir for the duration of subscription/s*. You will need to send a photo of the product that has been damaged to Us or take Your product to an EdenSleep store. You can only make one claim per product per year provided that You are signed up to a Total Care Plan at the time of claim and have no outstanding money owed to Us. Our accidental breakage cover is not an insurance policy, nor are We insurers. This cover is offered to You as an extended warranty for select products We sell.

*Selected products include: ClimateLineAir Heated Tube; HumidAir Tub; AirMini Tubing; F20/F30 connector for AirMini; N20 Connector for AirMini; N30 Connector for AirMini; P10 Connector for AirMini; and all components of the AirFit F30i, AirFit F30, AirFit F20, AirFit N30, AirFit N30i, AirFit N20, AirFit N20 Classic, AirFit P30i, AirFit P10, AirFit P10 for AirMini, and AirFit N30 for AirMini masks.

Sleep-on-it Promise

If You sign up to a subscription and change Your mind, You may cancel Your subscription within 30 days from the date you first receive delivery of product/s under Your subscription. Note: We won’t refund any fees You already paid Us. You will need to contact EdenSleep to cancel Your subscription and arrange for the return of products to the store You had purchased the products from or, if You purchased the products online, You will need to ship the products at Your cost to the following address: Unit 11, 477a Devon Street East, Strandon, New Plymouth 4312. You will need to include your full name, the word “ResMed EZ Sleep-on-it Promise” and your order number on the label outside the box. If You do not notify EdenSleep of Your intention to cancel Your subscription within the 30-day period and send the product back to EdenSleep, We may continue to charge You weekly payments.

Mask Swap Guarantee

You may change Your mask within 30 days from the date of receipt of Your mask at no additional cost to You, provided that (a) there is no damage to the mask as a result of improper use; and (b) You have proof of purchase document. Note: The ResMed Mask Swap Guarantee is limited to one mask swap per customer, per year. You will need to contact EdenSleep via phone or in store to organise a mask swap and return the original mask to Us before the replacement mask is issued. You will need to return of the mask to the store You purchased the mask from or, if You purchased the mask online, You will need to ship the mask at Your cost to the following address: Unit 11, 477a Devon Street East, Strandon, New Plymouth 4312. You will need to include your full name, the word “ResMed EZ Mask Swap Guarantee” and your order number on the label outside the box.

Warranty and Consumer Guarantees

If you acquire products or services from us other than for business purposes, Our products come with statutory guarantees that cannot be excluded under the Consumer Guarantees Act 1993. Nothing in these Terms seeks to limit your rights under the Consumer Guarantees Act 1993 or otherwise. You are entitled to a replacement or refund for a failure of substantial character and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be acceptable quality or fail to comply with a guarantee specified in the Consumer Guarantees Act 1993. ResMed also provides a limited manufacturer’s warranty on products manufactured by ResMed. Information on the limited warranty is provided with the products.

Please visit www.consumerprotection.govt.nz in order to learn more about your consumer rights when purchasing goods or services.

Governing law

These terms are governed by the laws of New Zealand.

EdenSleep Ltd

NZBN 1186400

131 Cobham Drive, Hamilton East, Hamilton 3216 New Zealand

T +64 6769 9975

office@edensleep.co.nz

(Version 2 as of 2 September 2022)

ResMed EZ Subscription Schedule

**includes the following: 1 x AirFit Mask compatible with AirMini; 1 x AirMini Tubing; 6pc AirMini Standard Filters; and 1 x Mask Connector.

**includes the following: 1 x AirFit Mask compatible with AirMini; 1 x AirMini Tubing; 6pc AirMini Standard Filters; and 1 x Mask Connector.

AirView™ registration

Our friendly sleep coaches are here to get you started and support your therapy journey to help you achieve your sleep goals. ResMed Air Solutions is designed to make your therapy experience as seamless as possible, whereby you and sleep coaches can actively engage in your care. One of the tools we utilise is our AirView application. If you consent to EdenSleep registering your device in our AirView application, this will help us aid you to understand how your therapy is going, how your ResMed device is working and help us increase your awareness and education of sleep health. AirView registration is optional.

Set out below, we explain what AirView registration entails, how we use the information you provide when you allow us to register your ResMed device in AirView and how you can withdraw your consent.

AirView is ResMed’s secure cloud-based system used to monitor and optimise your use of a ResMed device.

AirView is hosted by a service company located in Japan. All data from your ResMed device is transmitted to AirView in encrypted form.

If you allow EdenSleep to register your ResMed device in AirView:

• EdenSleep will create your profile in AirView using your name, address, other contact information and the unique serial number of your ResMed device.

• Data that is transmitted from your ResMed device or uploaded via an SD card can subsequently be linked to your profile in AirView enabling EdenSleep to utilise this data for the purposes described in section 3 below.

Certain ResMed devices1 use built-in wireless connectivity to automatically transmit data from your ResMed device to AirView. For ResMed’s Card-to-Cloud only devices where built-in wireless connectivity is not available, ResMed supply SD cards for your devices; these SD cards easily store usage data allowing EdenSleep to download information from your device into AirView.

Please note, even if your ResMed device is not registered in AirView, where your ResMed device has built-in wireless connectivity, it will still automatically transmit data to ResMed’s secure cloud. However, if your ResMed device is not linked to your AirView profile, this data is not reasonably capable of identifying you.

If you allow EdenSleep to register your ResMed device in AirView, the following types of data transmitted by your ResMed device or uploaded via an SD card will be linked to your AirView profile:

• Device-identification data: such as serial number and device model;
• Therapy-related data: such as device usage hours, mask seal, average events per hour (AHI) and the number of times a mask is taken off, any other data that is inputted into the device, such as responses to questions on the device;
• Device diagnostic data: data about what’s working and not working, for example, device usage and connectivity events, performance metrics, errors and fault information if they occur.

3. How we use your data

If you allow EdenSleep to register your ResMed device in AirView, you consent to EdenSleep processing the data received from you and transmitted from your ResMed device to:

1. respond to any queries you may have;
2. troubleshoot and support you (both in person and remotely) in your use of your ResMed device;
3. assist you through our sleep coach support service*;
4. monitor the performance of your ResMed device including device usage to create reports, conduct analysis, produce analytics, or perform any other operation for the purposes of monitoring therapy adherence;
5. help you make sure your ResMed device is working properly;
6. create and send reports to your doctor, if requested by you;
7. conduct and support research and innovation (including analytics) on topics of technological advancement, health, wellbeing and public interest;
8. improve our products and services.

EdenSleep will keep the data collected from your ResMed device for as long as is necessary for the purposes indicated above, or to comply with our legal obligations, such as (statutory) retention periods.

*Please note: EdenSleep sleep coaches are sales and customer service representatives who have received training in sleep health. They can give general information about sleep health, sleep disorders and products that may help improve Your sleep. They are not a qualified healthcare professional and cannot provide medical advice.

4. Right to Withdraw Consent

If you give your consent to EdenSleep to register your ResMed device in AirView you may revoke your consent at any time without giving any reason.

If you do not give your consent to EdenSleep to register your ResMed device in AirView or if you do give your consent but then subsequently withdraw it, this will impede EdenSleep’s ability to utilise the more detailed data in AirView to provide you with more personalised support.

To exercise your rights to withdraw your consent, please send an email to privacy@resmed.com.

For more information, please read EdenSleep’s Privacy Notice.

¹Wireless connectivity is available for selected AirSense™ 10, AirCurve™ 10 and Lumis™ devices. Wireless communication depends on network availability.

EdenSleep (“We”, “Us”, “Our”) will provide customer (“You”, “Your”) with products, services and replenishment products in accordance with the “ResMed EZ” subscription You selected. Details of the subscriptions are set out at the end of these terms and are as described on the website.

Choosing Your Subscription
You can modify your subscription at any time subject to these terms and conditions. If You want to modify your subscription, please use the ‘Contact Us’ form on our website or contact us at 0800 333 675. The portion of Your subscription related to the device is for a fixed period. The mask and accessories component of Your subscription is reoccurring and will continue until You cancel Your subscription.

Fees
When You start the subscription, You make a sign up fee of $99.00 NZD (for device subscriptions only) plus Your first weekly fee. Depending on the subscription You choose, You will start paying fees at regular periods. The upfront payment and any subsequent fees are as stated on the website. You can see your fee plan via your EdenSleep online account (My Account). We accept payments via debit and credit card. We will not charge You interest, administration, or other fees for use of a debit or credit card. You will own and be able to keep the products You have received under the subscription once You make full and final payment of all fees due over the life of Your subscription.

Payment
If You fail to pay fees when due, We will send you notifications to your email address asking you to complete payment. We may stop supplying You with the products and services until You have paid all outstanding fees. We reserve the right to terminate Your subscription after providing You with a written notice. If We terminate Your subscription, You will be liable to pay the remainder of the weekly fees under Your subscription.If You have failed to pay fees when due, We may look to:• recover any and all outstanding amounts owed to Us by You;• recover other costs associated with recovery of those amounts from You, including Our legal costs; and• exercise any rights available to Us by law, including by referring Your outstanding amount to a third party debt collection service or commencing legal action against You.If You have failed to pay any and all outstanding amounts, We may take steps to notify a credit reporting body of Your default. This may negatively affect Your credit score.

Risk and Title
Risk of any loss or damage to products will pass to You when You take physical possession of the products or when the products are delivered to You. Title to the products will pass to You once You have made full and final payment for the products.

Product Availability
If a product is temporarily unavailable or has been discontinued, We will substitute it with a similar product that has equivalent functionality and is of similar value. If You are not satisfied with the substitute product, You may cancel the portion of Your subscription that relates to that product at no cost to You.

Personal information & Sleep Coach Support
You will receive sleep coach support from our sleep coaches for the duration of Your subscription. When you sign up to a subscription, We collect, use and disclose Your personal and health information as set out in our privacy notice, found at: https://www.edensleep.co.nz/privacy-notice.Please note that sleep coaches are sales and customer service representatives who have received training in sleep health. As part of Your subscription, they will give You general information about sleep health, sleep disorders and products that may help improve Your sleep. They are not a qualified healthcare professional and do not provide medical advice. If You agree to EdenSleep registering Your ResMed device in the secure, cloud-based system known as AirView™, You consent to EdenSleep using Your personal and sensitive information collected from You via Your ResMed device to support You (both in person and remotely) in Your use of the ResMed device, to assist You in therapy management through our sleep coach support, to help You make sure Your ResMed device is working properly and as further described in the AirView™ registration section below. Without this consent, You will still receive sleep coach support from Our sleep coaches as part of Your subscription but we will not be able to utilise the more detailed AirView™ data to provide You with more personalised support.

Please remember to update Your personal information, including Your address, payment method, and contact details as soon as possible by:1) Updating your My Account 2) Call us at 0800 333 675

We will be delivering the products to the address You provide. We may charge You a delivery fee if We are required to re-deliver due to an incorrect address being provided to Us.

Cancellation
Within your My Account, product/s that are part of Your subscription will either be categorised as ‘active’ (products that have already been delivered to You) or ‘scheduled’ (upcoming shipments of product/s that have not yet been delivered to You).You may choose to cancel Your subscription at any time by giving Us notice via email, phone or by visiting an EdenSleep store, however, You will be required to pay all outstanding amounts owed on any ‘active’ products that have already been delivered to You. Your outstanding amount can be found on Your My Account.You can cancel a ‘scheduled’ product under Your subscription via Your My Account, phone, or by visiting an EdenSleep store up to one day before the scheduled product ship date. Alternatively, You can cancel a ‘scheduled’ product by submitting an enquiry via Our Contact Us form 7 days before the scheduled product ship date.If You cancel Your subscription or a scheduled delivery by mistake, please contact us at 0800 333 675

Masks/Accessories Accidental Breakage for Total Care Customers Only
We will cover You for any accidental breakage to certain mask parts, tubing, and HumidAir for the duration of subscription/s*. You will need to send a photo of the product that has been damaged to Us or take Your product to an EdenSleep store. You can only make one claim per product per year provided that You are signed up to a Total Care Plan at the time of claim and have no outstanding money owed to Us. Our accidental breakage cover is not an insurance policy, nor are We insurers. This cover is offered to You as an extended warranty for select products We sell.

*Selected products include: ClimateLineAir Heated Tube; HumidAir Tub; AirMini Tubing; F20/F30 connector for AirMini; N20 Connector for AirMini; N30 Connector for AirMini; P10 Connector for AirMini; and all components of the AirFit F30i, AirFit F30, AirFit F20, AirFit N30, AirFit N30i, AirFit N20, AirFit N20 Classic, AirFit P30i, AirFit P10, AirFit P10 for AirMini, and AirFit N30 for AirMini masks.

Sleep-on-it Promise
If You sign up to a subscription and change Your mind, You may cancel Your subscription within 30 days from the date you first receive delivery of product/s under Your subscription. Note: We won’t refund any fees You already paid Us. You will need to contact EdenSleep to cancel Your subscription and arrange for the return of products to the store You had purchased the products from or, if You purchased the products online, You will need to ship the products at Your cost to the following address: Unit 11, 477a Devon Street East, Strandon, New Plymouth 4312. You will need to include your full name, the word “ResMed EZ” and your order number on the label outside the box. If You do not notify EdenSleep of Your intention to cancel Your subscription within the 30-day period and send the product back to EdenSleep, We may continue to charge You weekly payments.

Mask Swap Guarantee
You may change Your mask within 30 days from the date of receipt of Your mask at no additional cost to You, provided that (a) there is no damage to the mask as a result of improper use; and (b) You have proof of purchase document. Note: The ResMed Mask Swap Guarantee is limited to one mask swap per customer, per year. You will need to contact EdenSleep via phone or in store to organise a mask swap and return the original mask to Us before the replacement mask is issued. You will need to return of the mask to the store You purchased the mask from or, if You purchased the mask online, You will need to ship the mask at Your cost to the following address: Unit 11, 477a Devon Street East, Strandon, New Plymouth 4312. You will need to include your full name, the word “ResMed EZ” and your order number on the label outside the box.

Warranty and Consumer Guarantees
If you acquire products or services from us other than for business purposes, Our products come with statutory guarantees that cannot be excluded under the Consumer Guarantees Act 1993. Nothing in these Terms seeks to limit your rights under the Consumer Guarantees Act 1993 or otherwise. You are entitled to a replacement or refund for a failure of substantial character and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be acceptable quality or fail to comply with a guarantee specified in the Consumer Guarantees Act 1993. ResMed also provides a limited manufacturer’s warranty on products manufactured by ResMed. Information on the limited warranty is provided with the products.

Please visit www.consumerprotection.govt.nz in order to learn more about your consumer rights when purchasing goods or services.

Governing law

These terms are governed by the laws of New Zealand.

EdenSleep Ltd

NZBN 1186400

131 Cobham Drive, Hamilton East, Hamilton 3216 New Zealand

T +64 6769 9975

office@edensleep.co.nz
(Version 1 as of 22 August 2022)

ResMed EZ Subscription Schedule

**includes the following: 1 x AirFit Mask compatible with AirMini; 1 x AirMini Tubing; 6pc AirMini Standard Filters; and 1 x Mask Connector.

AirView™ registration
Our friendly sleep coaches are here to get you started and support your therapy journey to help you achieve your sleep goals. ResMed Air Solutions is designed to make your therapy experience as seamless as possible, whereby you and sleep coaches can actively engage in your care. One of the tools we utilise is our AirView application. If you consent to EdenSleep registering your device in our AirView application, this will help us aid you to understand how your therapy is going, how your ResMed device is working and help us increase your awareness and education of sleep health.AirView registration is optional.

Set out below, we explain what AirView registration entails, how we use the information you provide when you allow us to register your ResMed device in AirView and how you can withdraw your consent.

1. What is AirView?
AirView is ResMed’s secure cloud-based system used to monitor and optimise your use of a ResMed device.AirView is hosted by a service company located in Japan. All data from your ResMed device is transmitted to AirView in encrypted form.

If you allow EdenSleep to register your ResMed device in AirView:

• EdenSleep will create your profile in AirView using your name, address, other contact information and the unique serial number of your ResMed device.
• Data that is transmitted from your ResMed device or uploaded via an SD card can subsequently be linked to your profile in AirView enabling EdenSleep to utilise this data for the purposes described in section 3 below. Certain ResMed devices¹
  use built-in wireless connectivity to automatically transmit data from your ResMed device to AirView. For ResMed’s Card-to-Cloud only devices where built-in wireless connectivity is not available, ResMed supply SD cards for your devices; these SD cards easily store usage data allowing EdenSleep to download information from your device into AirView.

Please note, even if your ResMed device is not registered in AirView, where your ResMed device has built-in wireless connectivity, it will still automatically transmit data to ResMed’s secure cloud. However, if your ResMed device is not linked to your AirView profile, this data is not reasonably capable of identifying you.

¹Wireless connectivity is available for selected AirSense™ 10, AirCurve™ 10 and Lumis™ devices. Wireless communication depends on network availability.

2. What data is collected from your ResMed device and linked to your profile in AirView?
If you allow EdenSleep to register your ResMed device in AirView, the following types of data transmitted by your ResMed device or uploaded via an SD card will be linked to your AirView profile:

• Device-identification data: such as serial number and device model;
• Therapy-related data: such as device usage hours, mask seal, average events per hour (AHI) and the number of times a mask is taken off, any other data that is inputted into the device, such as responses to questions on the device;
• Device diagnostic data: data about what’s working and not working, for example, device usage and connectivity events, performance metrics, errors and fault information if they occur.

3. How we use your data
If you allow EdenSleep to register your ResMed device in AirView, you consent to EdenSleep processing the data received from you and transmitted from your ResMed device to:

1. respond to any queries you may have;
2. troubleshoot and support you (both in person and remotely) in your use of your ResMed device;
3. assist you through our sleep coach support service*;
4. monitor the performance of your ResMed device including device usage to create reports, conduct analysis, produce analytics, or perform any other operation for the purposes of monitoring therapy adherence;
5. help you make sure your ResMed device is working properly;
6. create and send reports to your doctor, if requested by you;
7. conduct and support research and innovation (including analytics) on topics of technological advancement, health, wellbeing and public interest;
8. improve our products and services.

EdenSleep will keep the data collected from your ResMed device for as long as is necessary for the purposes indicated above, or to comply with our legal obligations, such as (statutory) retention periods.*Please note: EdenSleep sleep coaches are sales and customer service representatives who have received training in sleep health. They can give general information about sleep health, sleep disorders and products that may help improve Your sleep. They are not a qualified healthcare professional and cannot provide medical advice.

4. Right to Withdraw Consent
If you give your consent to EdenSleep to register your ResMed device in AirView you may revoke your consent at any time without giving any reason.

If you do not give your consent to EdenSleep to register your ResMed device in AirView or if you do give your consent but then subsequently withdraw it, this will impede EdenSleep’s ability to utilise the more detailed data in AirView to provide you with more personalised support.

To exercise your rights to withdraw your consent, please send an email to privacy@resmed.com.For more information, please read EdenSleep’s Privacy Notice.

June AS11 Bundle Offer
June AS10 Bundle Offer
June AirFit & AirTouch Mask Offer
June AirMini Bundle Offer

May AS 11 Bundle Offer

March AS11 bundle offer T&C

March Airmini bundle offer T&C

March AS10 bundle offer T&C

March AirFit/AirTouch masks offer T&C

Annexure A

World Sleep Day 2024 offer T&Cs

ApneaLink Air offer T&Cs

AirSense™ 10 AutoSet™ Card-to-cloud offer T&Cs

We will provide you with products and replenishment products in accordance with the therapy plan you selected. Details of the therapy plans is set out at the end of these terms.

Please note, if we stop selling a product available under the plan, we will provide you with a substitute product.

Fees

When you start the therapy plan, you pay an initial instalment fee. Within the first week of sign-up, at your selected day, you will start paying a weekly fee over 36 months (156 weeks). The initial instalment fee and the weekly fee is set out in your therapy plan. We only accept payments via credit card. We will not charge you interest, administration or other fees. If you fail to pay the weekly fees, we will stop supplying you with the products and services until you have paid all outstanding weekly fees. You will own and be able to keep the products you have received under the plan once you make full and final payment of all fees due over the life of your plan.

If you fail to pay all outstanding weekly fees, we reserve the right to terminate your plan after providing you with a written notice. If we terminate your plan, you will be liable to pay the remainder of the weekly fees under your plan immediately. We may look to recover any other costs and exercise any rights available to us by law.

Risk and Title

Risk of any loss or damage to products and title to the products will pass to you when you take physical possession of the products or when the products are delivered to you.

Termination

We can terminate your plan if you fail to pay the weekly fee. We may allow you to terminate your plan, but you will be liable to pay a cancellation fee calculated as the weekly fee payable multiplied by the number of weeks remaining under your plan.

Personal information

We will only use your personal information in accordance with the Privacy Act 1993 and EdenSleep’s privacy notice, located at: https://www.edensleep.co.nz/privacy-notice.

Please remember to update your personal information, including your address as soon as possible by emailing us at office@edensleep.co.nz as we will be delivering the products to the address you provided. We may charge you delivery fee if we have to re-deliver if the address is incorrect.

ResMed sleep-on-it Promise - Device Therapy Plans only

If you sign up for a ResMed Device Therapy Plan and change your mind, you may cancel your plan within 30 days from the date of sign up. Note: The ResMed Sleep-on-it Promise applies exclusively to ResMed Device Therapy Plans only and you will not be refunded any initial upfront payment fees or subsequent weekly payments made within 30 days from the date of sign up. You will need to contact EdenSleep to cancel your plan. See terms and conditions here.

ResMed 30-Day Mask Swap Program

You may change your mask within 30 days from the date of sign up or within 30 days of upgrading your mask at no additional cost to you, provided that (a) there is no damage to the mask as a result of improper use; and (b) you have proof of purchase/invoice document. Note: The ResMed Mask Swap Program is limited to one mask swap per customer, per year. Contact EdenSleep if you would like to take up the ResMed Mask Swap Program. See terms and conditions here.

Additional benefit

When you sign-up to a therapy plan, you have the option to become a member of sleepvantage, ResMed’s membership program. Through sleepvantage you will receive a range of exclusive member benefits. sleepvantage may also send you marketing and promotional offers. You can opt out from receiving marketing communication at any time by emailing them at info@sleepvantage.com.au or by clicking the unsubscribe button in any email sent to you by them.

Warranty and Australian consumer guarantees

ResMed products come with guarantees that cannot be excluded under New Zealand law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be acceptable quality and the failure does not amount to a major failure. ResMed also provides a limited manufacturer’s warranty. Information on the limited warranty is provided with the products.

Governing law

These terms are governed by the laws of New Zealand.

EdenSleep New Zealand Limited, NZBN 9429035844822

131 Cobham Drive, Hamilton, New Zealand, 3216.

T 0800 766746

office@EdenSleep.co.nz

ResMed Therapy Plans Schedule

*AirMini compatible and excludes AirTouch mask systems.

Pre-purchase

1. How do the therapy plans work?
   It’s simple. Select one of our available ResMed Therapy Plans, and you can own and take home with you today all the items in the Starter Pack. Purchasing a ResMed Therapy Plan removes the full upfront payment cost of purchasing your CPAP therapy equipment. Just pay the initial instalment fee, and you’ll be well on your way to better sleep.
   
   The weekly instalment amount will be deducted from your credit card on the day listed in your therapy plan for a period of 36 months (156 weeks). Your replenishment items will be conveniently delivered to your address at scheduled intervals specified in your plan.

2. What are the benefits of going on a ResMed Therapy Plan versus purchasing the device and mask upfront?
   If you’re contemplating or are uncertain about going on CPAP therapy because of the large upfront costs associated, don’t be. ResMed have designed a variety of therapy plans where you can own your own CPAP device and mask with an initial payment fee, plus simple interest-free weekly payments over 36 months, whilst continuing to receive replacement masks and other therapy items you need to keep your sleep apnea treatment working as efficiently as possible for you. We have tailored our packages so you can choose the one that is right for you to meet your needs and your budget.
   
   All ResMed Therapy Plans include ongoing replenishments that will be delivered at scheduled intervals, designed to maintain your equipment without you having to track schedules or worry about unplanned expenses.

3. What ResMed Therapy Plans are currently available?
   There are 8 different Therapy Plans currently offered by ResMed.
   • AirSense 10 AutoSet Basic Plan
   • AirSense 10 AutoSet Premium Plan
   • AirSense 10 AutoSet Premium Comfort Plan
   • AirSense 10 Elite Basic Plan
   • AirMini Basic Plan
   • AirMini Premium Plan
   • AirSense 10 Refreshment Plan
   • AirTouch Refreshment Plan
   
   For full details on what’s included in the above ResMed Therapy Plans, see the applicable customer brochures and choose the plan that best suits your needs.

4. What’s included in the Starter Pack?
   The contents of each Starter Pack differs depending on which ResMed Therapy Plan is selected. To view what’s included in the Starter Packs, see the checklist.

5. If I decide to cancel my ResMed Therapy Plan early, are there any penalty or termination fees applicable?
   If you choose to terminate your ResMed Therapy Plan early, the remaining payments of the ResMed Therapy Plan will need to be paid out upon termination. Once payment has been made, the remainder of your ongoing replenishments that are a part of your ResMed Therapy Plan will be sent out to you. To terminate your ResMed Therapy Plan, contact sleepvantage on 1300 305 705.

6. Why is there no option to direct debit the weekly instalment fee?
   Unfortunately the payment platform that is being used only accepts payments made by credit/debit card. This includes all major credit/debit cards from Visa®, Mastercard® and American Express®. We cannot direct debit from bank account details.

7. What credit cards do you accept?
   ResMed accept all major credit cards from Visa, Mastercard and American Express. No credit card fees will be charged to you.

8. Will my credit card information be kept safely?
   We understand that security is very important, especially when it comes to credit card information. Our payment gateway has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is a stringent level of certification available in the payments industry. To accomplish this, they make use of best-in-class security tools and practices to maintain a high level of security.

9. If I decide to discontinue my ResMed Therapy Plan early, can I opt to pay the rest of my therapy plan off?
   Yes, if you decide to discontinue your ResMed Therapy Plan before the total contracted amount has been paid, you will be required to pay the remaining amount of your plan upon termination. Once payment has been made, the remaining ongoing replenishments that are a part of your plan will be delivered to the address specified in your plan.

10. What happens after the contract expires? Will my therapy plan be automatically renewed?
    Prior to your plan expiring, ResMed or ResMed Authorised Dealer may get in contact with you to discuss the option of renewing your ResMed Therapy Plan or upgrading to a new plan, if available, that may include ResMed’s newest products. If you’re satisfied with continuing to use your current device, you will have the option to sign up to a Refreshment Plan, where you can continue to receive ongoing replenishment items to regularly replace and maintain your equipment.

    If you decide not to renew or upgrade your ResMed Therapy Plan or go onto a Refreshment Plan, your weekly instalment payments will cease after the final payment has been made.

11. If a new ResMed mask is released during my therapy plan contract period, will I be able to upgrade?
    Yes, you can upgrade your mask depending if that mask is available for that particular therapy plan. Please contact sleepvantage on 1300 305 705 to find out more or to upgrade your mask.

12. What do I need to pay upfront when I go onto a ResMed Therapy Plan?
    All that’s required upfront is the initial instalment fee. This amount will be deducted from your credit/debit card once your ResMed Therapy Plan has been activated. Initial instalment fees and weekly repayments differ depending on which ResMed Therapy Plan is selected. For a list of all ResMed Therapy Plans available, view the customer brochures available.

13. Is there a cooling-off period where I can return my products without being penalised with fees?
    ResMed offer a Sleep-on-it Promise for customers who have signed up to a ResMed device therapy plan. With our Sleep-on-it Promise, you can sign up to plan and take the gear home to try for up to 30 days. If you’re not completely satisfied, you can return it and cancel your plan. See ResMed CPAP Therapy Plans - Terms
    
    The ResMed Sleep-on-it Promise does not apply to ResMed Refreshment Therapy Plans.

14. Are there any hidden fees associated with the ResMed Therapy Plans?
    ResMed’s Therapy Plans come with no hidden fees. The only payments you will need to make are the initial instalment fee and the interest-free weekly payments over 36 months. Weekly payments will vary depending on which ResMed Therapy Plan is chosen. No interest, administration or credit card fees will be charged to you.

15. Why is an email address required and what happens if I don’t have one?
    Your email address is required as all receipts, and notifications of delivery will be sent to your email address. If you don’t currently have an email address, we encourage you to sign up for one so you can receive these notifications directly. Alternatively, your Authorised Dealer may input an artificial email address, and all correspondence will be posted to your billing address.

Post-purchase

1. Who do I contact if I have an issue regarding the products that are a part of my ResMed Therapy Plan?
   If you are experiencing any issues with the ResMed products provided as part of your ResMed Therapy Plan, contact your ResMed Authorised Dealer from where you purchased from. They will be able to assist you with any issues or problems you’re experiencing regarding your ResMed device, mask, accessory or CPAP therapy in general. In most cases, a simple phone call resolves the issue, but if this does not work, you may have to see your ResMed Authorised Dealer for assistance.

2. How do I sign up for the self-service portal?
   You can sign up to the self-service portal by going to http://myaccount.resmedplans.com.au. Click on ‘Register Now’ and you will be prompted to enter the same email address when you signed up, and to set up your password and security question. Once completed, you will be able to access the self-service portal by logging in.

3. Why does my therapy plan say “Free trial” when I log into the self-service portal?
   Your therapy plan will be labelled as a “trial” in the self-service portal until your weekly payments begin. This label will disappear when your weekly payments commence.

4. When will my credit card be charged for the weekly fees?
   After the initial instalment fee has been charged at sign up, your credit card will be charged the recurring fee as stipulated on your chosen plan on a weekly basis, with the first payment occurring on your selected day within the first week of signing up to the Therapy Plan.

5. Will I receive a notification if my credit card is about to expire?
   You will receive a notification email 10 days prior to your credit card expiring. When you receive this notification, please login to the self-service portal to update your credit card details. If you require assistance, please contact sleepvantage on 1300 305 705.

6. My credit card has expired. How do I update my details?
   To update your credit card details, login to the self-service portal using the link below, head to Billing & Payments and you will be able to update your credit card details there. If you are experiencing issues, please contact sleepvantage on 1300 305 705 for assistance. http://myaccount.resmedplans.com.au

7. My address has changed or I would like to have my replacement parts delivered to another address. What do I need to do or who do I need to contact to update my delivery details?
   To update your delivery details, login to the self-service portal using the link below and update your address details there. or alternatively, you can contact sleepvantage on 1300 305 705 http://myaccount.resmedplans.com.au

8. When new ResMed masks become available, can I opt to select those masks as part of my on-going replenishment items?
   Please contact sleepvantage on 1300 305 705 to discuss possible options.

9. What if I opted for a new ResMed mask during the life of my Therapy Plan, but I don’t end up liking the mask?
   ResMed offer a 30-Day Mask Swap Program if you are not completely satisfied with your new ResMed mask. Simply contact your ResMed Authorised Dealer about returning your new mask within 30 days of receipt and swap it for another ResMed mask that’s available under your chosen Therapy Plan.
   
   Note: This offer is limited to one transaction per year. See ResMed CPAP Therapy Plans - Terms for more information.

10. My delivery was missed, who do I contact?
    If your delivery was due and it did not arrive, please contact sleepvantage on 1300 305 705 to find out the status of your shipment. It may be that it was delayed due to unforeseen circumstances. If no one was home to sign for the delivery, a redelivery may be attempted. Alternatively, an ‘item awaiting collection’ card may be left in your letter box advising you to collect your items from your local post office within 7 days.

11. Does someone need to be home to sign for the deliveries or can they be left at the door?
    The deliveries of ongoing replenishments will need to be signed for. If no one will be available to sign for the delivery, you can update your delivery address to another location where you or someone else will be available to sign for it. If delivery was attempted and no one was home to sign for it, a redelivery may be attempted. Alternatively, an ‘item awaiting collection’ card may be left in your letter box advising you to collect your items from your local post office within 7 days.

12. Will I be notified prior to a delivery being delivered?
    Yes, you will receive an email to advise when your delivery is due.

13. I’m not receiving any delivery alerts?
    Log into the self-service portal using the link below to review, and update your personal details to ensure your email address listed is correct. Alternatively, you can Contact sleepvantage on 1300 305 705 if necessary. http://myaccount.resmedplans.com.au

14. What is included in my ResMed Therapy Plan?
    To view the list of items included in your ResMed Therapy Plan, see the applicable ResMed Therapy Plans schedule in the ResMed Therapy Plans terms and conditions above.

15. Why should I sign up to sleepvantage? How can I opt-out of marketing communications but still receive information related to my ResMed Therapy Plan?
    When you sign up to a ResMed Therapy Plan, you will have the option to sign up to sleepvantage, ResMed’s member support program. Members will receive several exclusive benefits, including sleepvantage warranty in addition to the standard manufacturer’s warranty and access to our friendly product support line. You will receive an additional 3-years warranty on your ResMed device, bringing the total warranty for your device to 5-years. ResMed mask and accessories will receive a 50% warranty extension. To opt-out of marketing communications via sleepvantage, please contact sleepvantage on 1300 305 705 or email info@sleepvantage.com.au. Emails regarding your receipt of weekly payments and deliveries will still continue to be sent to you as these communications don’t come from sleepvantage.

16. Once the final payment for the Therapy Plan has been made, does the ownership of the goods transfer over me?
    Once you make full and final payment of all fees due over the life of your plan, you will own and be able to keep the products you have received under the plan. Refer to the ResMed Therapy Plans terms and conditions above.

17. If I’m currently paying monthly instalment fees for my ResMed Therapy Plan, can I have this changed to weekly payments?
    If you would like to switch over to weekly payments, please contact sleepvantage on 1300 305 705 to discuss your case.

18. Is it possible to pay monthly as opposed to weekly?
    No, unfortunately new Therapy Plan sign-ups will be on a weekly billing payment schedule. There is no longer the option to pay monthly instalments.

19. Where can I view the terms and conditions of the ResMed Therapy Plans?
    Terms and conditions can be viewed above.

20. Customer support
    For any enquiries related to the ResMed Therapy Plans, contact your ResMed Authorised Dealer. Alternatively, contact sleepvantage on 1300 305 705 and they will be able to assist you.

1. ResMed Asia Pacific ABN 86 070 076 470 of 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153 (ResMed sleepvantage) offers a Sleep-on-it promise to customers on ResMed Device Therapy Plans who are not completely satisfied with their new ResMed device between 28 October 2020 and 31 December 2023, subject to these terms and conditions (Offer).

2. Under the Offer, if a customer has signed up to a ResMed Device Therapy Plan set out in the table in paragraph 4(a), and is not completely satisfied, they may cancel their ResMed Device Therapy Plan within 30 days of signing the contract, provided:
   1. the customer contacted the ResMed Authorised Dealer if they experienced any issues for support and possible solutions;
   2. the customer has returned all items provided in the initial starter pack of the ResMed Device Therapy Plan within 30 days of signing the contract; and
   3. there is no damage to the ResMed products as a result of improper use or contamination due to cigarette, pipe, cigar or other smoke.

3. Under the Offer, the customer forfeits their initial upfront payment and subsequent weekly payments due to ResMed within the 30 day period.

4. he Offer:

   1. applies only to the ResMed therapy plans set out in the table below:

      ResMed Therapy Plan

      AirSense 10 AutoSet Basic Plan

      AirSense 10 AutoSet Premium Plan

      AirSense 10 AutoSet Premium Comfort Plan

      AirSense 10 Elite Basic Plan*

      AirMini Basic Plan

      AirMini Premium Plan

      *Currently not available to New Zealand customers
   2. is not valid with any other ResMed sleepvantage offer;
   3. is open to Australian and New Zealand residents aged 18 years or over only; and
   4. is limited to one ResMed Device Therapy Plan cancellation per customer.

1. ResMed Asia Pacific ABN 86 070 076 470 of 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153 (ResMed sleepvantage) offers a 30 Day Mask Swap Program to customers on a ResMed Therapy Plan who are not completely satisfied with their new ResMed mask received 28 October 2020 and 31 December 2023, subject to these terms and conditions (Offer).

2. Under the Offer, if a customer received a ResMed mask set out in the table in paragraph 3 as part of their ResMed Therapy Plan, and is not completely satisfied, they may swap their ResMed mask with another eligible ResMed mask from their ResMed Authorised Dealer, at their expense, provided:
   a) the customer contacted the ResMed Authorised Dealer if they experienced any issues which required support and possible solutions;
   b) the ResMed mask is returned within 30 days of receipt;
   c) there is no damage as a result of improper use or contamination due to cigarette, pipe, cigar or other smoke;
   d) the customer has provided the ResMed Authorised Dealer with proof of the invoiced ResMed mask that was returned; and
   e) the customer is a member of ResMed sleepvantage.
   
   If the customer is not already a ResMed sleepvantage member, membership is free of charge and the customer can contact 1300 305 705 AUS anytime between 8am and 6pm AEST or sign up online at www.sleepvantage.com.au/register

3. The Offer:

   1. applies only to the ResMed masks set out in the table below:

      Product Code	Description
      38824	AirFit P10 AirMini Mask Pack*
      63875	AirFit P30i: Standard
      63876	AirFit P30i: Small
      62904	AirFit P10
      62914	AirFit P10 for Her
      63520	AirFit N20 for Her: Small
      63521	AirFit N20: Medium
      63522	AirFit N20: Large
      63723	AirFit N20 Classic: Small
      63724	AirFit N20 Classic: Medium
      63725	AirFit N20 Classic: Large
      63825	AirFit N30i: Standard
      63826	AirFit N30i: Small
      64206	AirFit N30
      63336	AirFit F30i: S/SML
      63337	AirFit F30i: S/STD
      63338	AirFit F30i: M/STD
      63339	AirFit F30i: W/STD
      63340	AirFit F30i: M/LGE
      64126	AirFit F30: Small
      64127	AirFit F30: Medium
      63430	AirFit F20: Small
      63431	AirFit F20: Medium
      63432	AirFit F20: Large
      63433	AirFit F20 for Her: Small
      63434	AirFit F20 for Her: Medium

      *Compatible with AirMini only and is only available on AirMini Therapy Plans.
   2. is not valid with any other ResMed sleepvantage offer;
   3. is open to Australian and New Zealand residents aged 18 years or over only; and
   4. is limited to one mask swap per customer per year, as part of ResMed’s Therapy Plans.

4. ResMed may change the ResMed masks listed in 3(a) at any time, without formal written notice.

Terms and conditions

1. Click & Collect is only available from select locations. As part of your order, you need to select a store from which you will collect the order.
2. We will contact you as soon as your order is ready for collection. In the meantime, if you have any questions about your parcel pick-up please email us at office@email.co.nz
3. We will not be liable to you or any other person for any delay.
4. Click & Collect orders must be collected within 14 days from the date you place an order. If your order isn’t collected within 14 days, we’ll issue a refund using the original payment method.
5. To collect your order:
   
   1. you must collect your order from the collection point that you selected when you placed your order;
   2. you must provide your signature and photographic identification; and
   3. you must show the ResMed email order confirmation or receipt for your order.
6. EdenSleep reserves the right to change or discontinue the Click & Collect service at any time, without notice.

1. Term & extension of term
   1. The period of hire of the equipment specified in your account (which can be accessed at https://shop.edensleep.co.nz/login.php) to this Hire Agreement (Agreement) (Equipment) will commence on the Commencement Date specified in your account and (unless this Agreement is terminated or extended or the Equipment is returned in accordance with clause 6a) shall end on the return of the Equipment, however no earlier than the end date of the minimum hire period specified in your account.
   2. Not withstanding clause 6b below, the hire period may be extended by agreement. Any such extension will be on the terms as set out within this Agreement and this Agreement will take effect as if the date the Equipment is returned is the end of the extended period.
2. Title & risk
   1. The Hirer specified in your account (Hirer) acknowledges and agrees that EdenSleep New Zealand Limited (Owner) at all times retains title to the Equipment and the Hirer has rights to use the Equipment as a mere bailee only.
   2. Risk in the Equipment passes to the Hirer on delivery of the Equipment to the Hirer. Should the Hirer default on any payments under this agreement, Owner or its assignee (as the case may be) shall be entitled, without limiting any other legal rights it may have, to the immediate return of the Equipment in good order, as well as to retain any monies paid by the Hirer under this agreement.
   3. The Hirer must not agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise deal with the Equipment and conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.
3. Obligations of hirer
   The Hirer must:
   1. comply with all lawful and reasonable directions of Owner in connection with the Agreement;
   2. comply with all applicable laws when meeting its obligations under this Agreement;
   3. immediately notify Owner of any damage to, or loss of, the Equipment;
   4. ensure that the Equipment is at all times kept clean, secure and in good working order (reasonable wear and tear excepted);
   5. use the Equipment in a smoke-free environment only, infusion of any smoke smell will be regarded as damage to the Equipment and will incur a repair cost;
   6. not permit any person not authorised by Owner to repair or otherwise carry out any work on the Equipment;
   7. not sell, transfer, assign, mortgage, pledge, underlet, lend, remove from New Zealand or otherwise deal with the Equipment without prior written consent from Owner.
4. Security
   1. Security in relation to the Equipment shall be provided by lodging with Owner bank account details valid for the term of the Agreement or any subsequent extension.
   2. All credit card or bank account transactions will be processed and handled as specified in your account.
   3. Owner may, without limiting its other rights, apply the whole or part of any security deposit held in addition to debiting the credit card or bank account supplied by the Hirer to compensate Owner for any loss or damage caused as a result of any breach of this Agreement by the Hirer. This shall include, but not be limited to recovering an amount equal to the recommended retail value of the Equipment provided to the Hirer.
5. Hire fees
   1. Hire fees are due and payable as specified in your account. Minimum hire periods, as specified in your account, also apply.
   2. Owner retains the discretion to increase hire fees every 12 months by 2.5% or by CPI (whichever is higher). Where the Owner chooses to exercise this discretion, the Owner will provide a minimum of one month’s notice to Hirer. Any change will be effective from the date set out in the notice, or as soon as permitted by applicable law.
6. Obligations on return
   At the expiration of the minimum hire period, as specified in your account, the Equipment may be:
   1. returned and the hire fees will be retained by Owner.
   2. where the Equipment has not been returned by the end of the minimum hire period, a further hire period will automatically commence and roll over on the same basis as the original hire period whereby hire fees are due and payable on the same basis as the original hire period.
7. Termination
   1. Should any one or more of the following events occur, without limiting its other rights at law, Owner will be entitled to terminate this Agreement as well as be entitled to the return of the Equipment on giving the Hirer ten (10) days prior written notice: (i) the Hirer makes default in the payment on any due date of any fees or other amounts payable, or otherwise defaults in the observance of any of the terms of this Agreement; (ii) the Hirer does or causes to be done any act, matter or thing which is likely to endanger the safety, condition or safekeeping of the Equipment; (iii) an order is made for the sequestration of the assets of the Hirer, or the Hirer enters into any composition arrangement with creditors; (iv) any other event occurs which constitutes or evidences on the Hirer’s part a repudiation or refusal to be bound by this Agreement.
   2. The Hirer must, within ten (10) days of expiry of the Agreement or the date of written notice from Owner pursuant to clause 7a above, return the Equipment to Owner in the same condition as it was at the Commencement Date (fair wear and tear excepted). The Hirer is solely responsible for the safe return of the Equipment.
   3. If the Hirer does not return the Equipment in accordance with clause 7b, or if the returned Equipment is damaged due to misuse, alteration, neglect or shipping, the Hirer will be charged for the full amount of the Equipment at Owner’s then current recommended retail price.
8. Warranties
   1. The Hirer warrants and acknowledges that he/she: (i) has inspected the Equipment prior to or at the time of the commencement of the hire and is satisfied that the Equipment is in good working order and condition and suitable in all respects for the purposes of the Hirer; and (ii) is authorised to make this Agreement on behalf of all persons who possess, use or operate the Equipment during the period until the Equipment is returned.
   2. The Hirer has the benefit of conditions and warranties and other rights implied by law, which cannot be excluded by agreement. Nothing in this Agreement shall be taken to limit in any way the benefit of those conditions, warranties and rights. However, where under such law Owner is permitted to limit its liability in respect of breach of such implied conditions, warranties or rights, Owner hereby limits its liability to the maximum extent permitted by law.
   3. Subject to clause 8b, Owner renounces and negates all other express or implied conditions and warranties and all prior representations and statements in respect of or in relation to the Equipment.
9. Liability & indemnity
   1. To the maximum extent permitted by law and notwithstanding any other terms of this Agreement: (i) Owner is not liable whether in contract, tort or otherwise for any loss of profit, consequential damage or loss arising directly or indirectly out of this Agreement; and (ii) Owner’s liability for any loss or damage arising as a consequence of a breach of this Agreement is reduced proportionally to the extent the act or omission of the Hirer contributed to the loss or damage.
   2. The Hirer shall indemnify and keep Owner indemnified against any loss or damage which may arise in respect of the Equipment or from the possession use or operation of the Equipment by the Hirer or any other person and (without limiting the generality of the foregoing) against any loss or damage whatsoever for or in respect of injury to person or property arising out of the possession, use or operation of the Equipment by the Hirer or any person in any manner whatsoever during the period until the Equipment is returned.
10. Miscellaneous
    1. Owner may assign this Agreement to any person without the consent of the Hirer.
    2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter.
    3. Nothing in this Agreement constitutes a relationship of principal and agent, partnership or joint ventures, between Owner and Hirer.
    4. This Agreement is governed by and will be construed in accordance with the laws of New South Wales.
    5. The Hirer warrants that he/she is authorised to make this Agreement on behalf of all persons who possess use or operate the Equipment during the Hire Period and any agreed extension period(s).
11. Privacy
    1. Owner will comply with the Privacy Act 1993 in all dealings with the Hirer. A copy of Edensleep’s Privacy notice is available upon request or by visiting https://www.edensleep.co.nz/privacy-notice 
12. Repair and replacement
    1. Should the Equipment covered by this agreement no longer operate as designed due to fair wear and tear or inherent defect the Owner will repair or replace (at its discretion) the Equipment.
    2. Owner will provide replacement consumables as required during the life of the agreement. Consumables will only be replaced on a fair wear and tear basis and are subject to Owner’s Fair Use Policy which is referenced to the Owner’s premium subscription package as modified from time to time.