Terms of Use

Makesense Customer Terms of Use

  1. Makesense Group Pty Ltd (ACN 676 840 869) (Makesense, us, we, our) offers a subscription service that allows a person (Customer, you, your) to hire a personalised mattress (Product) via our platform situated at trymakesense.com (Site) or any other platform we may introduce in the future (together, the Platform).

  2. Your access to and use of the Platform and the data it contains (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices, and disclaimers contained on this page and elsewhere on the Site (Terms of Use).

  3. By using the Platform or the services, features, or functionality offered through the Platform, including subscribing to the Platform and hiring the Product (Services), you agree to be bound by these Terms of Use.

  4. We may amend or update these Terms of Use at any time. We will notify you of the revised Terms of Use and make them available and viewable on the Platform as soon as reasonably practicable. Continued use of the Platform will be deemed to constitute your acceptance of the revised Terms of Use. These terms were most recently updated on April 29, 2024.

ELIGIBILITY TO SUBSCRIBE TO THE PLATFORM

  1. To subscribe to the Platform, you must be over 18 years of age.

  2. Throughout your subscription to the Platform, you must maintain control of your Makesense subscription account (Account). You must not allow others to use your Account or transfer or sell the Account or any of its content to another person.

  3. At its reasonable discretion and on reasonable grounds, Makesense may refuse to allow any person to subscribe to the Platform or cancel or suspend any existing subscription.

ACCESS TO THE PLATFORM

  1. You agree and acknowledge that use of the Services is at your sole risk.

  2. You agree that you will not:

    • (a) use the Platform, Services, or their content for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms of Use;
    • (b) compromise the security of the Platform;
    • (c) use or attempt to use another person’s Platform account without authorization;
    • (d) use the Platform, Services, or their content in a manner that violates the publicity, privacy, or data-protection rights of others; or
    • (e) use the Platform or its content for commercial purposes.

SUBSCRIPTION

  1. By subscribing to the Platform, you agree to hire the Product for a minimum subscription period of nine (9) months (Minimum Subscription Period). We will send you a confirmation of your subscription shortly after you subscribe to the Platform (Confirmation).

    • By subscribing to the Platform during the Launch offer, you can cancel anytime and Minimum Subscription Period does not apply. You can cancel anytime and you do not have to pay the next subscription fee. You are not liable to receive any refunds for the time you have used the mattress and are liable to pay towards the pickup and recycling cost of $70.

  2. Your subscription entitles you to the benefits specified on the Platform.

PAYMENT

  1. The subscription price varies depending on various factors, including the size and firmness of the Product you choose to hire. The various subscription prices are specified on the Platform and are inclusive of GST.

  1. By subscribing to the Platform, you agree to pay:
  • (a) the applicable subscription price each month until the expiry of the Minimum Subscription Period or until you cancel your membership, whichever is later;
  • (b) the applicable security bond;
  • (c) the applicable delivery fee; and
  • (d) the applicable pick-up cost in the event that you cancel your subscription.

  1. You will be given notice of the delivery fee and security bond on the Platform prior to subscribing to the Platform. You will be given notice of the pick-up cost on the Platform prior to canceling your subscription.

  2. Payment for your subscription is made via a third-party payment platform including Shopify Payments.

  3. The subscription price, delivery fee, and security bond may be subject to change. These changes will be available and viewable on the Platform as soon as reasonably practicable.

  4. We may offer you a different subscription price at any time throughout the duration of your subscription.

SECURITY

  1. By subscribing to the Platform, you agree to pay the security bond specified on the Platform.

  2. Once you cancel your subscription and we pick up the Product, provided the Product is in good working order except for fair wear and tear, we will refund the security bond to you.

  3. If we pick up the Product and it is in unsatisfactory condition or if you do not allow us to pick up the Product from you, we may offset the costs of remedying or replacing the Product against the security bond and refund you the remainder of the security bond, if any, or charge you the offset, operational, legal, or any other costs.

DELIVERY/AVAILABILITY

  1. Delivery of the Product will be subject to availability.

  2. The Product will be delivered to the address provided by you.

  3. We will take all reasonable steps to deliver the Product within the time specified on the Platform. Product availability, weather, and traffic conditions may impact delivery time.

  4. We will not be liable for any non-delivery, delay in delivery, or damage to the Product caused by third-party postal and courier companies.

PRODUCT

  1. We retain title and ownership of the Product at all times. Your subscription does not allow you to purchase the Product nor obtain title and ownership of it at any time.

  2. You agree to maintain the Product in good working condition, allowing for fair wear and tear, until we pick up the Product from you upon cancellation of your subscription.

SWAP

  1. If you are unsatisfied with the firmness of the Product, upon request you can add a different layer to your subscription to adjust the firmness of the Product (Layer), and we will deliver to you that different layer free of charge at just $39.

  2. Once you have subscribed to the Platform or requested a different Layer, you cannot request another Layer for 21 days to ensure you thoroughly get to experience the layer.

  3. We are not obligated to deliver a different Layer to you if we have already provided you with all available Layers.

  4. At any time, if you are unsatisfied with the firmness of the Product, you can remove a Layer from your subscription, and this will change your subscription price accordingly, as specified on the Platform.

  5. We may require you to allow us to pick-up your unused Layers from you. You will bear one-time pickup and recycling charges of $70.

RETURNS

  1. The Product comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund if the Product has a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced free of charge if the Product fails to be of acceptable quality and the failure does not amount to a major failure.

  2. Any refunds will be made using the original payment method you used to subscribe to the Platform.

CANCELLATION

  1. You may cancel your subscription at any time, including during the Minimum Subscription Period.

  2. If you cancel your subscription prior to the expiry of the Minimum Subscription Period, the applicable subscription price each month until the expiry of the Minimum Subscription Period will apply.

  3. Upon cancellation of your subscription, you agree to pay the applicable pick-up costs specified on the Platform.

DISCLAIMER AND LIMITATION OF LIABILITY

  1. To the extent permitted by law, Makesense, Makesense related entities, or any of their respective directors, officers, employees, contractors, or agents (Employees) make no representation or warranty:
  • (a) as to the accuracy, legality, suitability, or reliability of the information contained in the Platform’s content; or
  • (b) that the Services will be uninterrupted, without delay, error-free, or omission-free.

  1. Except for liability in relation to the breach of any implied condition, warranty, or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of these Terms of Use to be void (Non-excludable Condition), to the extent permitted by law, Makesense specifically disclaims all liability for any loss or damage (actual, special, direct, indirect, and consequential) arising out of or in any way connected with any transaction between Makesense and the Customer.

  2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent allowed by law, Makesense’s liability to the Customer is limited to the total subscription price paid by the Customer to Makesense during the twelve (12) month period prior to any incident causing liability of Makesense.

  3. Makesense’s liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option, to any one of resupplying, replacing, or repairing, or paying the cost of resupplying, replacing, or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

  4. To the extent permitted by law, you agree that none of Makesense, our related entities, or Employees will be liable for the quality of any Products ordered. Makesense is not responsible for the quality, packaging, or state of the Products before they are collected by Makesense or its agents.

NO WARRANTY

  1. Except for liability in relation to any Non-excludable Condition, the Services are provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement to the extent allowed by law.

PRIVACY

  1. By accepting these Terms of Use, you agree to the collection, use, and sharing of information in accordance with the Makesense Privacy Policy available at trymakesense.com/pages/privacy-policy.

  2. Further, you agree to comply with all applicable privacy and data protection laws in uploading any data to the Site, and you warrant that all relevant consents have been obtained from any identifiable individuals.

CONTENT AND CUSTOMER CONTENT

  1. The materials and content displayed on the Platform, including all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos, and trademarks on the Platform (Content) are owned by us and are protected by copyright, trademark, and other intellectual property laws.

  2. You will not, and will not permit or authorize third parties to:

  • (a) modify, copy, reproduce, or publish the Content; or
  • (b) create a derivative work, or reverse engineer or reverse assemble the Content.

  1. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

  2. You must not delete or alter any copyright, trademark, or other proprietary rights notices on any Content, or on any copies of any other materials owned by us from the Platform.

  3. You grant to Makesense an unrestricted, worldwide, royalty-free license to use, reproduce, modify, and adapt any content and information posted by you on the Platform (Customer Content) for the purpose of including that Customer Content on the Platform and as required by us to provide the Services, for the general promotion of the Services, and as otherwise permitted by the Terms of Use.

VARIATION

  1. If we make any variation to these Terms of Use, we will notify you of the revised Terms of Use and make them available and viewable on the Platform as soon as reasonably practicable.

COMPLAINTS

  1. If you have a complaint about the Services, please contact us trymakesense.com/pages/contact 

GENERAL

  1. The provisions of these Terms of Use are severable, and if any provision of these Terms of Use is held to be invalid or unenforceable, such provision may be removed, and the remaining provisions will be enforceable.

  2. These Terms of Use may be assigned or novated by Makesense provided there is no material detriment to you.

  3. These Terms of Use set out the entire understanding and agreement between you and Makesense with respect to its subject matter.