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Website Terms & Conditions

Thank you for visiting Sleepy Mum (Sleepy Mum, we, us, our).

Please read these Terms & Conditions and our Privacy Policy (together, our Terms) carefully as they apply to your usage of our website and the provision of any associated services (together, the Services).

We reserve the right to review and modify the Terms and the information and materials contained on this website (Website Content) at any time with or without notice. If you do not understand these Terms or require assistance, please contact us by email at info@sleepymum.com.au.

 

By using the website and Services, you agree to be bound by these Terms as amended from time to time.

1 Acknowledgements

You acknowledge that all the following statements are true:

(a) you have consulted with your child’s general practitioner or medical professional and they have confirmed that is it safe for your child to use the Services;

(b) you have disclosed any medical condition(s) that your child has to our certified sleep consultant (Consultant) when completing the client intake form and during the consultation (Consultation);

(c) you are aware of, and understand, that Sleepy Mum will not provide medical or feeding advice in relation to your child;

(d) you are aware of, and understand, the Red Nose Foundation’s safe sleep recommendations (available here) and will always comply with such practices;

(e) you understand that each customised sleep plan (Sleep Plan) considers a child’s individual circumstances and, as such, must not be shared with a third party without the express written consent of Sleepy Mum;

(f) you agree that the Services provide guidance and tools to help with your child’s sleep, however we make no guarantees of any specific result from the use of the Services; and  

(g) you agree that we may update the Website Content at any time and we cannot guarantee that the Website Content is accurate and up to date at all times. Any Website Content, including articles, blogs etc. are of a general nature and should not be taken as medical advice.

2 Personal Use

You are authorised to access the website to download and view Website Content for personal, non-commercial use. You must not use the Website Content for commercial purposes or for any purpose that is unlawful. The Website Content may be changed without notice at our sole discretion.

By using this website, you warrant that you will use this website and the Services only in accordance with the Terms and any information you provide via this website and any third-party website reasonably required by the Consultant to provide the Services (e.g. the client intake form accessible through JotForm) will be accurate and complete, and will not be in any way misleading, deceptive or likely to mislead or deceive.

 

3 Services

3.1 General

As at the date of these Terms, we provide the services set out in this clause 3 (together, the Services). Please note we reserve the right to add additional Services or remove a Service at any time in our sole discretion. If new Services are added or existing Services removed, we will update these Terms accordingly.

3.2 Custom Sleep Plan + 7 Days of Support

(a) Consultation

This service includes a video or phone consultation with our Consultant lasting up to 30 minutes (Sleep Plan Consultation).

You may book the Sleep Plan Consultation through the Book Online page or the Book Now option on our website (Online Booking System). You will be required to pay the fees as set out on the website from time to time (Fees).

(b) Custom Sleep Plan

Within 48 hours of the Sleep Plan Consultation, we will send you an electronic version of your Sleep Plan by email. The Sleep Plan will include information about sleep, sleep schedule, sleep rules and steps for sleep training or settling.

The success of each Sleep Plan is determined by the client’s commitment to, and implementation of, the advice contained in the Sleep Plan as well as the individual characteristics of the child; therefore, we cannot guarantee success for all children.

(c) Support Period

We will use our best endeavours to support our clients to achieve their desired results. A support period will begin on the date your Sleep Plan is provided to you via email and extend for 7 days (Support Period).

During the Support Period, you may ask the Consultant any questions and provide any feedback regarding the Sleep Plan at any time by email or text message. Our Consultant will endeavour to respond to any questions as soon as practicable, within our usual business hours as set out on our website.

3.3 Video or Phone Consultation (30 Minutes)

(a) This service involves a video or phone consultation with our Consultant lasting up to 30 minutes (30-Minute Consultation). During a 30-Minute Consultation, our Consultant may provide verbal advice or recommendations relating to various sleep issues and recommend the purchase of a Sleep Plan (if necessary). Please note that this Service does not expressly include any written advice or recommendations, the Consultant reserves the right to provide written advice or recommendations in its sole discretion.

(b) The specific scope of the 30-Minute Consultation will be as advertised on our website from time to time. Please note this Service does not expressly include any written advice.

(c) You may book the 30-Minute Consultation through the Online Booking System and pay the applicable Fees.

3.4 New Client Phone Consultation (15 Minutes)

(a) This service is available to first time clients only and involves a phone consultation with our Consultant lasting up to 15 minutes (New Client Phone Consultation).

(b) The specific scope of the New Client Phone Consultation will be as advertised on our website from time to time.

(c) You may book the New Client Phone Consultation through the Online Booking System.

3.5 Confirmations

We will send you an email confirmation once we accept your booking request for each Service (e.g., Sleep Plan Consultation, 30-Minute Consultation or New Client Phone Consultation), which results in a separate binding agreement between you and us for the supply of Services in accordance with these Terms. The email will include confirmation of the date and the time of the Service and details as to next steps.

 

4 Fees

The Fees are payable as a single upfront payment at the time of booking the relevant Service through the Online Booking System. The Fees include consideration for the relevant Service (if applicable). Each Service will only be confirmed after full payment of the total fee amount is cleared (if applicable) and a confirmation email has been received by you.

You agree that we may charge you the Fees at the checkout screen on our website, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time to time.

The Fees set out on our website from time to time will be correct. We reserve the right to amend the Fees payable for each Service in our sole and absolute discretion.

5 Payment Terms

Payment of all applicable fees and charges is subject to these Terms. Unless otherwise stated, all fees displayed on the website or quoted by an authorised representative of us are in Australian Dollars (AUD), non-refundable and GST inclusive (as applicable).

All payments will be transacted via our third-party payment provider (such as Stripe or any other third-party payment process used by Sleepy Mum) (Payment Processor) and we accept payment by PayPal account, Visa, Mastercard and American Express.

From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

Any concerns regarding payment should be made to us at info@sleepymum.com.au.

6 Rescheduling and refunds

In the event you need to reschedule your Service due to illness or unforeseen circumstances you agree to provide at least 24 hours’ notice. If you provide the requisite notice, you may suspend the Consultation for a maximum of 1 month from the scheduled Consultation. In the event of a rescheduled Consultation, the time of the rescheduled Consultation will be at the discretion of the Consultant, taking into account the Consultant's availability, and there is no guarantee that your preferred time for a rescheduled Consultation will be available.

You agree that cancellation with less than 24 hours’ notice prior to a scheduled Consultation will result in a refund of only 50% of the Fees. In the event of a request to reschedule a Consultation with less than 24 hours’ notice, the Consultant, acting reasonably, reserves the right, in its sole discretion, to charge a penalty fee (which will be no more than 50% of the Fees).

No refund will be given for any services once the Consultation is completed.

You agree that upon despatch of the Sleep Plan, the Support Period (or any unexpired balance of the Support Period) cannot be rescheduled, unless we elect to extend or reschedule the Support Period in our sole and absolute discretion.

7 Health and safety risks

You acknowledge that there are health and safety risks associated with the Services and, as such you represent and warrant that:

 

(a) you have consulted with your child’s general practitioner or medical professional before using the Services to ensure that it is safe for your child to use the Services;

(b) you have not relied on any information contained in the Website Content or Services as a substitute for, or replacement for professional medical advice, diagnosis, or treatment;

(c) if you have any concerns or questions about your or your child’s health, you will consult with your general practitioner or medical professional;

(d) you have not, and will not, disregard, avoid or delay obtaining medical or health related advice from your child’s healthcare professional because of something you may have read on the website or through the Services;

(e) the use of the Services is solely at your own risk and does not constitute medical or feeding advice;

(f) any advice or recommendation provided by the Consultant during the provision of the Services relates only to your child’s sleep, sleep practices and sleep routine; and

(g) nothing stated or posted on the website or made available through the Services is intended to be, and must not be taken to be, the practice of, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.

 

8 Availability of Services

We reserve the right to alter, update, or remove any of the Services at any time. We may modify the Services for any reason, in our discretion. We do not guarantee that our website and Services will always be available, work or be accessible at any particular time.

We reserve the right to refuse to provide Services to you for any reason at any time.

 

9 External hyperlinks

We are happy for you to hyperlink to this website; however, we reserve the right to revoke this permission and or deny any person, entity or organisation howsoever defined, permission to link to this website.

All hyperlinks to this website must point to the full HTML version of this website.

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

 

10 Intellectual property

The Website Content or associated Services and any attaching intellectual property rights belong to Sleepy Mum, or to someone who has given us permission to use it.

The Sleepy Mum logo and name is an unregistered trademark and cannot be used without our prior written consent.

All Website Content, including but not limited to text, graphics, logos, photographs, audio and video clips and data compilations is the exclusive property of Sleepy Mum or its content suppliers and is protected by Australian and International copyright laws. The expression of all content on this website is exclusive property of Sleepy Mum and is protected by Australian and International copyright laws.

You agree that you will not reproduce, distribute, publish, republish, print, post on any social media site, modify or otherwise deal with any content, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our Intellectual Property Rights.

Where you download or receive your Sleep Plan, you are granted a non-transferable, limited licence to access and use the Sleep Plan for your own personal use. You may not assign or transfer the Sleep Plan to any other person without our express written consent.

To avoid doubt, you must seek our written permission prior to publication of any aspect of our website and Website Content.

11 Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Services, including but not limited to:

(a) any act that would constitute a breach of either the Privacy Policy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

(b) any act that is deceptive or fraudulent;

(c) using the Services to defame or libel us, our employees or other individuals;

(d) uploading files that contain viruses that may cause damage to our property or the property of other individuals;

(e) posting or transmitting to the Services any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

12 Disclaimers

In addition to all other disclaimers mentioned through these Terms, you confirm and agree:

(a) that your use of the Website Content and the Services is at your own risk;

(b) the information, materials, products and services provided on or through the Services are provided “as is” and to the fullest extent permissible by applicable law, we disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through our website;

(c) except for the purposes of any Australian Consumer Law, we expressly disclaim all liability for the Services or any claims that are due to your use of our Services;

(d) we cannot guarantee that the Services will work as advertised, or that they will achieve the desired results;

(e) we cannot guarantee that the Services will be uninterrupted and error free;

(f) information provided on our website is of a general nature and you understand and accept that it is your responsibility to undertake further independent research and seek independent professional advice (including medical advice) with respect the specific circumstances of you and your child; and

(g) we do not accept any responsibility for the use of the information provided on our website as it is of a general nature only, only advice and recommendations provided through the provision of the Services should be used with respect to your child.

If you require urgent medical assistance please call 000.

13 Limitation of liability

To the maximum extent permitted by law, including the Australian Consumer Law, Sleepy Mum does not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our website or Services. In no event will Sleepy Mum, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our website or Services be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of the Services, any third party websites linked to our website or Services (including the materials, information or services contained on such website) whether in contract or tort or regardless of being advised of the possibility of such damages.

In the event of any problem with the Services or any Website Content, you agree that your sole remedy is to cease using the relevant Services. In the event of any problem with the or Services you have purchased through our website, your remedies will be as prescribed by the Australian Consumer Law.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

You agree to indemnify, defend and hold Sleepy Mum (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim or demand, made by any third-party due to or arising out of breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

14 General

These Terms are subject to the laws of New South Wales and of the Commonwealth of Australia as applicable in New South Wales irrespective of where the Service is delivered and used. You agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in the State of New South Wales for any legal proceeding arising in connection with the Terms.

If any part of these Terms becomes unenforceable, that part is, or will be, severed from the Terms so that all the remaining parts remain in full force and effect and are unaffected by that severance.

The agreement contained in these Terms contains all of the terms, conditions, representations and warranties in connection with the agreement reached between Sleepy Mum and you with respect to the subject matter of these Terms.

 

15 Contact us

This website is owned and operated by Sleepy Mum Consulting Pty Ltd (ACN 656 800 734).

For any questions, please contact Paulina Raad at info@sleepymum.com.au.

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