Current Policy: 12 May 2020

These Casper Website Terms of Use apply to this website (the “Site”) operated by Casper Sleep, Inc. trading as Casper Sleep (“Casper”, “we”, or “us”) with our principal place of business at 230 Park Avenue South, 13th Floor, New York, NY 10003.

The use of the Site is subject to the following terms and conditions (the “Terms”). The purchase of any products from the Site is subject to our Casper Sleep Terms of Supply. Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site and displayed on this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

If you have any questions about the Terms, please contact us at support@casper.co.uk.

1. Privacy

We have adopted a Privacy & Cookies Policy that you should refer to in order to fully understand how we collect and use your information.

2. Use and Availability of the Site

We grant you a limited licence to use the Site for your personal use only. You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property and other applicable laws. The following uses of the Site are prohibited. You may not:

• resell or make any commercial use of this Site or any of the contents of this Site;
• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
• frame or link to the Site without our permission;
• use data mining, robots, spiders or other data gathering devices or extraction methods on or through the Site or its contents;
• modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser;
• attempt to interfere with, harm, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
• post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
• disclose personal information about another person or harass, abuse, or post objectionable material; post advertising or marketing links or content, except as specifically allowed by these Terms;
• use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties or other liability to Casper or others; or
• access the Site from any country or location where it is illegal or unauthorized.

We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability. We reserve the right to terminate your licence to use the Site at any time, without notice or liability.

We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You also agree not to involve us in such disputes.

3. Copyright

Images of people, places and/or products posted on this Site are either the property of Casper or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “Casper Content”) is the property of Casper or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Casper and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trade mark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at support@casper.co.uk.

4. Trade Marks

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are either the property of Casper or our licensors. You may not display or reproduce the Marks in any manner without the prior written consent of Casper, and you may not remove or otherwise modify in any manner any trade mark notices from any content offered or received through the Site.

5. Casper Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Subject to section 9 of these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

6. Accounts, Registrations and Passwords

To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password and certain other personal information. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, you confirm that the information you provide to Casper upon creating an account and at all other times will be true, accurate, current and complete. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site via your account and to preserve the confidentiality of your username and password, and any device that you use to access the Site.

You agree to notify us immediately of any breach in secrecy of your log-in information of which you become aware or suspect. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Casper by e-mail to support@casper.co.uk.

We reserve the right to terminate your account at any time, without notice or liability. Termination will not affect any rights or liabilities either you or we already have by the time termination takes effect.

7. Feedback

We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (b) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

8. Content You Submit to Casper

From time to time, Casper may allow you to post reviews, comments, photos or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our products and services, including our Site. However, any Reviews you submit to Casper must not harass, malign, defame, threaten or otherwise breach any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

By posting a Review on the Site, you hereby grant Casper an unrestricted, assignable, sub-licensable, perpetual, royalty-free, fully paid-up licence throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing Casper and our products. Except for materials provided to you by Casper through the Site, you confirm that: (a) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licences, consents and releases that are necessary to grant to Casper the rights in your Reviews as provided in this section, and (b) the Reviews you post to the Site do not:

• breach the rights of any party or entity, including a third party’s patent, copyright, trade mark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights;
• contain anything that is or could be interpreted to be defamatory, inaccurate, in breach of applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, non-consensual recordings) or otherwise unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Casper in its sole discretion;
• introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code; or
• require Casper to obtain any licence from or make any payment to any third party.

Monitoring. Casper has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Casper has no obligation to display or post any Reviews. Casper, subject to our Privacy & Cookies Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Complaints about the content of any materials or content on this Site should be sent to support@casper.co.uk and must contain details of the specific materials or content giving rise to the complaint.

9. Our Liability

Nothing in these Terms shall limit or exclude our liability to you:

for death or personal injury caused by our negligence; for fraudulent misrepresentation; for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or for any other liability that, by law, may not be limited or excluded.

Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

10. Electronic Communication

When you visit the Site, or send us e-mails, you are communicating with us electronically and you provide your information to us in accordance with our privacy policy (see section 1 above). We will communicate with you by e-mail or by posting notices 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 communication be in writing.

11. Amendments to these Terms

From time to time we review and may amend these Terms. You will know if these Terms have been revised since your last visit to the Site by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of the Site constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of their terms. No change these Terms will affect any order you have already placed with us.

These Terms may not be varied except with our express written consent.

12. Waiver

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by you shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

13. Severability

If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

14. Entire Agreement

These Terms and any document expressly referred to in them constitute the entire agreement between you and Casper with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

We are required by law to advise you these Terms may entered into in the English language only and that no public filing requirements apply.

A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.

15. Dispute Resolution

These Terms are governed by English law. You agree that any dispute between you and us regarding them or the Site will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.

16. Contact

Please contact us with any questions you have about these Terms or the Site using the contact details on the Site.

Any complaint should be sent by e-mail to support@casper.co.uk.