Terms of service
Terms of Service
Overview
This website is operated by Love Nightshift (ABN 98 607 136 505), a business name of By Mitch Pty Ltd (ACN 607 136 505). Throughout the Site, the terms "we", "us" and "our" refer to Love Nightshift and By Mitch Pty Ltd.
Love Nightshift offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service ("Terms"). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. You can read more about Shopify's terms at https://www.shopify.com/legal/terms.
1. Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.
You may not transfer, sell, assign, or licence your account to any other person. We reserve the right to suspend or terminate your account at any time if we suspect unauthorised use or any violation of these Terms.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, consumer protection laws, and privacy laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse access to the site to any person, for any reason, at any time, at our sole discretion.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We do not represent or warrant that any information provided through the Service is accurate, reliable, current or complete. The Service may contain typographical errors, inaccuracies or information that is incomplete or out of date. We are under no obligation to update, amend or clarify information in the Service, except as required by law.
3. Accuracy of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Products and Pricing
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
Prices for our products are subject to change without notice. All prices are listed in Australian Dollars (AUD) unless otherwise stated. Prices are inclusive of GST where applicable.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We have made every effort to display as accurately as possible the colours and images of our products that appear on the site. We cannot guarantee that your computer monitor's or mobile device's display of any colour will be accurate. Product photographs are for illustrative purposes only and may differ slightly from the actual product due to variations in screen display settings.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
5. Orders
When you place an order, you are making an offer to purchase. Love Nightshift reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Love Nightshift confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Love Nightshift may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. We reserve the right to refuse or cancel any order that we believe, in our sole discretion, is intended for commercial resale, distribution, or export.
6. Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card or payment information you provide is true, correct, and complete, (ii) you are duly authorised to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honoured by your credit card company or payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Payment is processed securely through our third-party payment processors. We do not store your full credit card details on our servers. For more detail, you may also want to read Shopify's Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
7. Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times stated on our website or in communications are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, natural events, public holidays, or events outside our control.
Once we transfer products to the shipping carrier, title and risk of loss passes to you. We are not responsible for any loss, theft, or damage to products after they have been handed to the carrier for delivery.
If your order has not arrived within 14 business days of dispatch, please contact us and we will investigate with the carrier on your behalf. However, we are not liable for any losses arising from carrier delays or failures.
For full details on shipping, please refer to our Shipping Policy.
8. Returns and Refunds
For details about returns and refunds, please review our Refund Policy.
9. Third-Party Links and Services
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Our site may use third-party services including but not limited to Shopify (ecommerce platform), Klaviyo (email marketing), Google Analytics (website analytics), Australia Post (shipping), and various payment processors. Your interactions with these services are governed by their respective terms of service and privacy policies.
10. Optional Tools
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
11. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy.
12. Relationship with Shopify
Love Nightshift is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Love Nightshift.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Love Nightshift, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Love Nightshift.
13. Feedback and User Content
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
We may use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms.
We are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Feedback will not contain unlawful, abusive, or obscene material, or contain any malware that could in any way affect the operation of the Services.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
14. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
15. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or local regulations, rules or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service; (m) to use any robot, spider, or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; or (n) to use the Service to compete with us or for any other competitive purpose.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. We may also pursue any legal remedies available to us for any violations of these Terms.
16. Agents and Automated Access
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, including but not limited to bots, scrapers, crawlers, AI tools, and automated browsing tools.
No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements below. No Agent may access the Services if we have requested that the Agent refrain from doing so.
We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
Agents must: (i) in all requests, identify that the request is from an Agent and disclose the name of the Agent; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by mimicking human behaviour and interaction patterns, or completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
17. Disclaimer of Warranties and Limitation of Liability
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY LOVE NIGHTSHIFT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
SOME JURISDICTIONS, INCLUDING UNDER AUSTRALIAN CONSUMER LAW, LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL LOVE NIGHTSHIFT, BY MITCH PTY LTD, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
WHERE LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING UNDER THE AUSTRALIAN CONSUMER LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR ANY PRODUCT IS LIMITED TO THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
18. Health and Product Disclaimers
The products sold on this site are general wellness and sleep comfort products. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any medical condition or disease. Nothing on this website should be construed as medical advice, and our products should not be used as a substitute for professional medical advice, diagnosis or treatment.
If you have a medical condition, sleep disorder, or any health concern, please consult a qualified healthcare professional before using any of our products. You are solely responsible for determining whether a product is suitable for your individual needs, health status, and circumstances.
By purchasing and using our products, you acknowledge and agree that you do so entirely at your own risk. You accept full responsibility for the proper use of any product purchased from this site in accordance with any instructions, warnings, or guidelines provided.
Love Nightshift, By Mitch Pty Ltd, and their respective directors, officers, employees, agents, and affiliates are not liable for any injury, illness, harm, adverse effect, or damage of any kind (whether direct, indirect, incidental, consequential, or otherwise) resulting from the use, misuse, or inability to use any product purchased from this site.
Any testimonials, reviews, or results shared on this site are individual experiences and are not guaranteed. Individual results may vary. We make no representations or warranties that you will achieve similar results.
Any information provided on this site about sleep, health, or wellness is for general informational purposes only and should not be relied upon as a substitute for advice from a qualified medical professional.
19. Mouth Tape Advisory
Love Nightshift previously sold mouth tape products. If you have purchased mouth tape from us, please be aware of the following safety information:
Mouth tape is designed to encourage nasal breathing during sleep. It is not suitable for everyone. Do not use mouth tape if you have nasal congestion, breathing difficulties, a deviated septum, or any condition that impairs your ability to breathe through your nose. Do not use mouth tape on children.
If you experience any difficulty breathing while using mouth tape, remove it immediately and discontinue use. Improper use of mouth tape may pose a risk of airway obstruction. Love Nightshift and By Mitch Pty Ltd accept no liability for any injury, harm, or adverse effect resulting from the use or misuse of mouth tape products.
Always consult a healthcare professional before using mouth tape, particularly if you have any respiratory or sleep-related medical conditions.
20. Intellectual Property
All content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Love Nightshift or By Mitch Pty Ltd or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.
The Love Nightshift name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of By Mitch Pty Ltd. You must not use such marks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the site and its content for personal, non-commercial use only. This licence does not include any resale or commercial use of the site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site without our prior written consent, except as incidental to normal web browsing (such as caching).
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Love Nightshift, Shopify or any third party. Unauthorised use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by Love Nightshift.
21. Australian Consumer Law
Nothing in these Terms of Service is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) or any other applicable Australian consumer protection legislation that cannot be excluded, restricted, or modified by agreement ("Non-Excludable Rights").
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
To the maximum extent permitted by law, our liability for breach of a Non-Excludable Right is limited, at our option, to the replacement or repair of the goods, the supply of equivalent goods, or a refund of the price paid for the relevant goods or services.
22. Indemnification
You agree to indemnify, defend and hold harmless Love Nightshift, By Mitch Pty Ltd, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any losses, damages, liabilities or claims, including reasonable legal and accounting fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, or (4) your use or misuse of any product purchased from us.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.
This indemnification obligation shall survive the termination of these Terms of Service and your use of the Service.
23. Severability and Waiver
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorised representative of Love Nightshift.
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
24. Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. In particular, the following sections shall survive termination: Intellectual Property, Feedback and User Content, Disclaimer of Warranties and Limitation of Liability, Health and Product Disclaimers, Mouth Tape Advisory, Indemnification, Severability, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.
25. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause that is beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, fire, flood, earthquake, storm, or other weather events; war, terrorism, civil unrest, or government actions; power failures, internet or telecommunications failures, or system outages; postal or carrier delays, strikes, or labour disputes; supplier failures or shortages of materials; or any other event outside our reasonable control.
In the event of such a delay, the time for performance shall be extended by a period equal to the duration of the delay.
26. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or validity thereof, shall first be attempted to be resolved through good faith negotiation between the parties.
If the dispute cannot be resolved through negotiation within 30 days, either party may refer the dispute to mediation administered by a mediator agreed upon by the parties, or failing agreement, a mediator appointed by the Resolution Institute (or its successor body) in Queensland, Australia.
If mediation is unsuccessful within 60 days of referral, either party may commence legal proceedings in the courts of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia and any courts of appeal therefrom.
Each party shall bear its own costs in connection with any dispute resolution proceedings, unless the court or mediator orders otherwise.
27. Electronic Communications
When you visit our website, send us emails, or interact with us through the Service, you are communicating with us electronically. You consent to receive communications from us electronically, including by email and by notices posted on the site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
28. Assignment
These Terms of Service, and any rights and licences granted hereunder, may not be transferred or assigned by you without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
29. Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
30. Governing Law and Jurisdiction
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.
You agree that any legal action or proceeding between you and Love Nightshift or By Mitch Pty Ltd shall be brought exclusively in the courts of Queensland, Australia, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Queensland, Australia.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
31. Changes to Terms of Service
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
32. Contact Information
Questions about the Terms of Service should be sent to us at:
Love Nightshift Operated by By Mitch Pty Ltd (ABN 98 607 136 505) Level 2, Building A, 6 Innovation Parkway, Birtinya QLD 4575, Australia Email: hello@lovenightshift.com.au
Last updated: April 2026
