WEBSITE TERMS AND CONDITIONS

Welcome to Sleep and Co [ABN 35680053907] and www.sleepandco.com.au, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time. 

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

To provide correct information and comply with the law

When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of NSW and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.

To only make personal and non-commercial use of our content

You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing abbeyoh.sleepconsultant@gmail.com. All trademarks on our website belong to their respective owners.

To use third party software, links etc at your risk

We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third-party apps and software, and do not make any warranties in relation to them. You use them at your own risk, and you must read and agree to their terms and conditions which govern your use of them.

To not rely on any information

We provide this information for your general use only. It may be historical information, incomplete information or could be an opinion that is not widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk, and you should always seek independent professional advice before reliance on the information. 

To be respectful when posting

We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts. 

When you engage in discussions, your posts will not be confidential, and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion: 

• any disrespectful, inappropriate, offensive, threatening or abusive content;

• any content that breaches the rights of a third party (e.g., which is defamatory);

• any content that impersonates any other person, or misleads us as to the origin of your posts; or

• any advertising, self-promotion or sales.

Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts. 

WE MAKE NO WARRANTIES OR GUARANTEES

 We cannot represent, warrant or guarantee that:

• our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or

• our content is accurate, complete and current.

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at abbeyoh.sleepconsultant@gmail.com if you find any issues.

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.

OTHER

This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.

Loss or Damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs. 

We, us, or our means Abbey O'Hearn  t/as Sleep and Co [ABN 35680053907] and includes any of our employees, agents, partners and contractors.

BOOKING TERMS AND CONDITIONS

These Booking Terms and Conditions apply to bookings made with Sleep and Co [ABN 35680053907] (“we, us, our”) for any sleep consultancy services for families with children aged 0-5 (“Consulting Services”/"Services"). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours making a booking or using our Services. If you do not agree, you cannot make a booking. 

SERVICES WE PROVIDE

We will perform the Consulting Services with due care, skill and diligence. The Consulting Services will be performed personally by Abbey O'Hearn or by her Representatives where prior agreed. The Consulting Services include a customised sleep plan (“Plan”), and may include Support Period. The Support Period must commence within 3 weeks of your booking/ consultation date.  Where your baby/child gets sick during the Support Period, your Plan may be placed on hold for up to 3 weeks.  If the child has not recovered in 3 weeks, additional support must be purchased to commence the Support Period after the child has been cleared medically to continue.

We agree to:

a.              keep you informed of your and your child’s progress;

b.              keep all your documents secure and confidential and return all documents at the termination of this Agreement; and

c.               comply with our privacy policy, details of which you can find on our website.

YOUR OBLIGATIONS

You must provide all Information we request in order for us to perform the Consulting Services. You represent and warrant that: 

a.              all Information you provide is true, correct, current, and to the best of your knowledge;

b.              you will respond promptly to any of our requests for further information, and will notify us immediately if any information changes;

c.              You will be on time to your consultation.

You acknowledge and agree that you will:

a.              follow safe sleep guidelines as set out by Red Nose Australia;

b.              ensure your child’s safety at all times;

c.              allow us reasonable access to the Site to perform the Services;

d.              do your best to be consistent with the Plan provided;

e.              commit to being home for the 2 weeks Support Period for particular nap time(s) and bedtime/overnight; and

f.               communicate openly and honestly.

You further acknowledge and agree that the Plan is developed based on the information you provide, and the response to a Plan can vary and may not always be predicted. You acknowledge and agree that we cannot guarantee that the Plan will be successful.

We may become aware during the performance of the Consulting Services that you may need additional services, and you agree to co-operate with us in this regard.

RELIANCE ON ADVICE

We are not medical doctors. We strongly recommend that you seek independent medical advice in relation to any medical information we provide. For example, we do not provide any diagnosis or treatment. Any medical information is not a substitute for professional advice, and any reliance on this information is made at your sole risk. Your and your child’s participation in the Services is always voluntary. 

THE FEES YOU NEED TO PAY

You agree that you will pay us the Consulting Fee for the Consulting Services. We will invoice you for the Consulting Fee at the start of the Consulting Services, or when otherwise agreed. Where we are required to travel to the Site, a Travel Fee will apply. All invoices are due within 14 days of the invoice. Interest will be charged on any unpaid invoices at the rate of 8% per annum. Any legal collection fees that are incurred will be charged to you.

CANCELLATIONS, RESCHEDULING AND REFUNDS

Where a cancellation is made with less than 24 hours’ notice, the Consultation Fee will not be refunded. Any cancellations with less than 48 hours notice will incur the Cancellation Fee. We provide a full refund for cancellations with more than 48 hours prior notice.

You can reschedule the Service with no penalty subject to our availability. 

To the extent permitted by law, any other refunds for any cancellations of the Consulting Services are at our absolute discretion. No refunds will be given after a consultation has occurred regardless of whether you chose to implement the Plan or use the Support Periods. No refunds are provided for any unused Support Periods. We do not provide refunds for your change of mind, where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice.

THE AUSTRALIAN CONSUMER LAW

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer law in the Competition and Consumer Act 2010, including, but not limited to, consumer guarantees that the Consulting Services are delivered within a reasonable time and with acceptable care and skill. 

If you believe we have breached your consumer guarantees, please contact us and we will comply with the law. 

INTELLECTUAL PROPERTY AND PUBLICITY

We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Consulting Services. You must not use our Materials for any purpose other than for the purpose of this Agreement. Any Materials we provide you must not be reproduced, altered or redistributed without our prior written permission which will be given at our absolute discretion and will be the subject of license fees. 

You permit us to use parent first name, baby first name (only with your consent), any photos, videos and testimonials you provide to us for marketing and information purposes, or publications, exhibitions and professional awards. Where we take photos or videos of you, we will seek your consent to use them. You must seek our prior written consent before any publication of information about our Consulting Services. Where permitted, we will require observation of our Moral Rights.

LIMITED LIABILITY AND INDEMNITY

To the extent permitted by law, our liability is limited, at our option to:

a.              the replacement of the services or the supply of equivalent services; or

b.              the payment of the cost of replacing the services or of acquiring equivalent services.

You agree and acknowledge that we are not liable for any Loss or Damage which may result from the Consulting Services. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.

You acknowledge, agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Consulting Services, and any third-party claims.

TERMINATION

We may either suspend the Consulting Services or terminate this Agreement where: 

a.              we become aware that there is or may be a conflict of interest;

b.              you are not following safe sleep guidelines;

c.               you are not complying with any aspects of the Plan;

d.              your home is deemed unsafe (perceived or known);

e.              both parents who are primary caregivers for the child in the same household are not willing to implement the Plan; and/ or

f.               any threats are made.

We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay to us all accrued Consulting Fees  owing up to the date of termination.

IF THERE IS A DISPUTE

If at any time any aspect of the Services is not reasonably acceptable to you or we disagree on the quality or substance of the Services you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

THE GOVERNING LAW AND OTHER MATTERS

This Agreement completely state the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement is governed by the laws from time to time in force in the state of NSW Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of NSW for determining any dispute concerning this Agreement.

DEFINITIONS:

“Agreement” means these terms and conditions, and any Proposal we may provide you with.

“Booking” means any booking for a consultation made with us for our Services.

“Cancellation Fee” means the cancellation fee we charge you where you cancel with limited notice.

"Claim" means any claim under statute, tort, contract or negligence, any demand, awards or costs.
“Client” means you, the client making the Booking. 

“Consulting Fees” means the consulting fees as further advertised on our website. 

“Information” is all information we require and may include any information you provide to us during the Services including, but not limited to an outline of the sleep issues, how and where your baby/child sleeps, nutritional information, family values and family dynamics, ages of siblings and relevant information, parenting work hours/arrangements, your goals.

“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.

“Loss or Damage” means any direct, indirect, consequential or incidental loss or damage. It includes, but is not limited to any loss, personal injury, death, negligence, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Consulting Services.

“Materials” means any copy, data, information, documents, plans, downloadable products, records, images, and includes, but is not limited to the Plan. 

“Moral Rights” means the moral rights pursuant to the Copyright Act 1968 (Cth). 

“Plan” means the customised plan we provide to you for assisting with your child’s sleep issues. 

“Representatives” means any of our employees, independent contractors, agents, consultants, advisors, and other representatives.

"Site" means the site you require the Consulting Services to be performed from time to time, and may be your home and the address as notified by you to us.

“Support Period” means the support period usually for a duration of 2 weeks during which we assist you in implementing the Plan. 

“Support Services” means any support provided to you during the Support Period.

"Travel Fee” means the travel fee charged where you request an in-home consultation.

“We, us, our” means Abbey O'Hearn t/as Sleep and Co [ABN 35680053907] and includes any of our employees, agents, partners and contractors. 

ADDITIONAL TERMS OF SERVICE

These Additional Terms of Service for Customers (“Terms”) apply to all clients and customers, or all potential clients and customers of Sleep and Co [ABN 35680053907] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours. If you do not agree, you cannot purchase any of our Guides online. We may change this Agreement at any time, and by continuing to use or access our website and services, you are accepting those changes.

BEFORE PURCHASE

Things you must do before purchasing Guides on our website

You must:

• be 18 years old or have parental consent;

• provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;

• pay for the Guide via the published payment methods available;

• have any special offer coupons ready as they must be used at the time of purchase to apply; they cannot be applied retrospectively; and

• ensure you have adequate technology set up and internet access to receive any digital Guides.

How it works

Our Website gives you access to downloadable e-book guides (“Guides”) categorised based on different age groups. The Guides include essential sleep-based information and suggestions of routines to follow. The Guides are not tailored to your individual needs but may assist you to troubleshoot common sleep problems.  To access these Guides, you must first make the payment for our services via our Website. Once the payment is received, we will send you a link to access these Guides. 

Acknowledgements you make when purchasing on our website

You acknowledge and agree to:

• follow safe sleep guidelines as set out by Red Nose Australia;

• ensure your child’s safety at all times.

You acknowledge and agree that there may be:

• occasional errors or omissions in Guide descriptions, prices, availability and promotions;

• Guides that are only available through our website;

• technical problems access the Guides there are inherent risks associated with downloading digital Guides and using online software; and

• some sales that are limited to certain regions or groups of people.

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Guides. 

Acknowledgements you make in relation to Intellectual Property

All the Intellectual Property Rights in the Guides are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Guides for your sole personal use only. 

Please contact us immediately at abbeyoh.sleepconsultant@gmail.com if you have any concerns in relation to copyright, or personal information. 

Acknowledgements you make in relation to medical information
We are not medical doctors. We strongly recommend that you seek independent medical advice in relation to any medical information we provide. For example, we do not provide any diagnosis or treatment. Any medical information is not a substitute for professional advice, and any reliance on this information is made at your sole risk. Your and your child’s implementation of recommendations in any Guide is always voluntary and at your sole risk.

AFTER PURCHASE

Things you must do after purchasing on our website

You must:

• comply with our instructions in relation to the Guide;

• contact us by email at abbeyoh.sleepconsultant@gmail.com if you have any issues with the Guide and require a refund;

• maintain the confidentiality of your login and password for your account accessing Guides, and not share any Guides with any third parties;

• contact us by email at if you have any difficulty downloading or accessing any Guides;

• not reproduce, duplicate, copy, sell, re-sell or exploit the Guides in any way;

• seek our prior written consent before any publication of information about us; and

• in the case of a dispute keep all communications confidential.

You further agree that you will not do anything which may endanger, jeopardise or prejudicially affect our goodwill, image or standing. 

Things we’d love you to do after purchasing on our website

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use  them  for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at abbeyoh.sleepconsultant@gmail.com

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our website and store

Except as required by law, we may at any time, and without prior notice to you:

• change and update information including availability and promotions;

• change prices or descriptions of our Guides;

• change our range of Guides, or discontinue Guides; and/or

• cancel orders if information is inaccurate.

We comply with the Australian Consumer Law

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law. Except as required by law we do not warrant the quality of the Guides or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Guides is due to your misuse, failure to comply with our instructions, or where you fail to provide us with adequate information.

If we need to cancel your order, we will provide a refund

Except as required by law, all sales for our Guides are non-transferable and non-refundable. We have the right to refuse, limit or cancel any order for our Guides, including, but not limited to, where an order appears to be by resellers or distributors without permission. 

We can refuse to serve you and sell Guides at any time

We may refuse to provide Guides to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our website and services and ban your purchase of any Guides. We can also change, suspend or stop providing Guides at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Guides, or stop any services.

LIABILITY AND INDEMNITY 

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our website and services or any Guides purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Guides, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Guide.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

• the replacement of the Guides or the supply of equivalent Guides; or

• the payment of the cost of replacing the Guides or of acquiring equivalent Guides.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Guide you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including but not limited to any breach of Intellectual Property Rights. You indemnify us against any and all Loss or Damage which we may suffer as a result of any Claims arising out of or in connection with a breach of this Agreement.

IF THERE IS A DISPUTE 

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 OTHER 

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Agreement means these Additional Terms and all other terms and conditions, and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content means any or any other content or information you provide to us. 

Guides means any guide available through our Website and includes any digital Guides such as downloadable e-books. 

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 

We, us, or our means Sleep and Co [ABN 35680053907] and includes any of our employees, agents, partners, and contractors.
Website and services means www.sleepandco.com.au, and everything available on this website including, but not limited to, all Guides and any services.