Once upon a dream...
Once upon a dream...
Sleeping Beauties Sleep School

Terms & Conditions

Date of last revision 23.01.2022 This website is operated by Jelena Checchin, trading as Sleeping Beauties Sleep School (ABN 20 859 546 762).

Definitions

  • For the purpose of these Terms and Conditions:
  • Company/Provider: “Sleeping Beauties Sleep School” (ABN 20 859 546 762) located in Sydney, New South Wales, Australia is referred to in the Terms and Conditions as the provider when using “I, we, our, us”.
  • Consults/Consultations/Home Consults: one-on-one consultations led by the Providers’ certified sleep consultants either in your home or online via phone or
  • Client “you, they, their” refers to the consumer, client or purchaser who has paid to engage with Sleeping Beauties Sleep School and the services they provide.
  • Service refers to email, phone, text message or home “consults” (whether in-person or electronic) undertaken between the provider and client.
  • The Terms and Conditions represent the whole agreement between you (the Client) and Sleeping Beauties Sleep School.
  • Third Party Social Media Service means any services or content (including data information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website: refers to the web address and associated webpages of www.sleepingbeautiessleepschool.com.au

Website Access

  • By accessing and continuing to use our Website you agree with these Terms and Conditions and our Privacy Policy, which may be updated from time to time. Please read these Terms and Conditions carefully and immediately cease working with, drawing information from and/or using our Website if you do not agree to them.
  • We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable, limited licence to use our Website for personal use in accordance with these Terms and Conditions. All other uses are prohibited without our prior written consent by the Provider.
  • We may, at any time and in our absolute discretion, vary these Terms and Conditions by publishing such variations on the Website. Please check back here regularly to ensure you are aware of our current Terms. Materials and information on this website are subject to change without notice.
  • We do not guarantee that our Website will be free from viruses, or that access to our Website will be uninterrupted. We may, at any time and without notice to you, discontinue our Website, in whole or in part. We are not liable for any loss, damage or expense that you suffer arising from or in connection with any such discontinuance or exclusion.
  • These Terms and Conditions are effective until terminated by us, which we may do at any time and without notice to you. To the extent permitted by law, in the event of termination all restrictions imposed on you by these Terms and Conditions and limitations of liability set out in these Terms will survive.
  • To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any content or our Services.

Prohibited Content

  • You must not use our Website to facilitate or participate in any illegal activity or engage in any activity that we, in our absolute discretion, consider to be inappropriate or which might bring us or our Website into disrepute, including but not limited to:
  • 1. Anything that would constitute a breach of an individual’s privacy or any other legal rights;
  • 2. Interfering with any user or other Clients using our Website;
  • 3. Using our Website to send unsolicited email messages; or
  • 4. Facilitating or assisting a third party to do any of the aforementioned.
  • You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of our Website, associated webpages or any related websites. You must not attempt to bypass the network firewall and you must not use any part of the Website which you are not authorised to use or devise ways to circumvent security in order to access parts of the Website which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access. You must not knowingly transmit viruses or other disabling features or otherwise damage or interfere with our Website.
  • We reserve the right to immediately and indefinitely restrict your access to our Website in any way considered reasonably necessary if we suspect that you are engaging in any of the above behaviour.
  • You are prohibited from using our Website, including its content, in any way that competes with our business.

Liability

  • Your use of our Website is at your sole risk. The Content and Services are supplied to you on an “as is” and “as available” basis.
  • The content on our Website is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it does not constitute advice. While we use reasonable endeavours to confirm the accuracy and completeness of the Website Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. We may update the Content at any time but cannot guarantee that the Content is accurate and up to date at all times.
  • You acknowledge and agree that our Services and the Content on our Website may not consider all of your or your baby’s personal attributes, specific needs, medical conditions or circumstances, and in some cases may not be accurate or suitable for you or your baby. You confirm that you and your baby are healthy and fit to use our Services and the Content. If you have any doubt, you should check with a medical or health practitioner.
  • We do not give medical advice, treatment or diagnoses and you acknowledge and agree that nothing on the Website or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical or health practitioner.
  • Our Services provide you with guides and the tools to help your baby’s sleep, but we make no guarantees of any specific result from the use of our Services or the Content.
  • To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent suffered by you or any third party, arising from or in connection with your or their booking of our Service, use of our Website or its Content, and/or any inaccessibility of, interruption to or outage of our Website and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out of date. For the avoidance of any doubt, Sleeping Beauties Sleep School (ABN 20 859 546 762) will not be liable for indirect or consequential loss or damage, including loss of profits, loss of any business opportunity and damage to computer equipment.
  • To the maximum extent permitted by law, you must indemnify and hold us harmless against any loss, damage or expense suffered by us arising from or in connection with your booking of our Service, your use of our Website, or any breach of these Terms and Conditions or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations in these Terms, and survives the termination of these Terms. It is not necessary for us to suffer or incur any loss or damage before enforcing a right of indemnity under these Terms.
  • You must not access or use the Website, the content or our Services except as permitted by these Terms and Conditions and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with out intellectual property rights.

Limitations

  • To the maximum extent permitted by law:
  • Our maximum aggregate liability arising from or in connection with the Terms and Conditions will be limited to, and must not exceed, the portion of fees paid by you to us; and
  • We will not be liable for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data
  • We will not be liable for, and you waive and release us from and against any liability arising from, caused or contributed to by you, your agents and/or any third parties. whether under statute, contract, equity, tort (including negligence, indemnity or otherwise.
  • This clause will survive the termination of these Terms and Conditions.

Jurisdiction

  • Your use of our Website and these Terms and Conditions are governed by the laws of New South Wales and Federal laws of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales, and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
  • Our Website may be accessed throughout Australia and overseas. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website.

Intellectual Property Rights

  • All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our resources including any sleep programmes, videos, webinars, guides, tools, tips and email communication with us or other materials (including in connection with the Terms and Conditions and our Services) will at all times vest, or remain vested, in us. Our intellectual property described in this clause is referred to in these Terms and Conditions as Content.
  • Unless otherwise indicated, we own the intellectual property rights, including copyright, in our Website and all of its Content. Except as necessary for using this Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no material on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, altered, modified, performed in public, distributed or transmitted in any form by any process without our specific prior written consent.
  • You must not include any material on any page that infringes the intellectual property rights of others. For example, you may not include a trademark or copyright material without the written consent of the owners of that material.
  • You acknowledge and agree that we may use, copy and edit, for our business purposes, any material or User Content submitted by you in connection with any page and that you agree to receive marketing content from us.
  • This clause will survive termination of these Terms and Conditions.

Third Party Links

  • For the convenience of our users, Sleeping Beauties Sleep School Website contains links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability, their content or services and we make no guarantees or warranties in respect of those links. You should make your own investigations with respect to the suitability of any third party websites and their content.

Personal Information

  • We collect personal information about you and your child/children in order to provide you with our Services (i.e. your name, email address, residential address and other information to enable us to provide consultations to you), to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  • By booking a consult with us the Client consents to their personal information being collected, used, stored and disclosed by us for the administration and conduct of the consult and any and all associated communications.
  • We may disclose relevant personal information to third party service providers who help us deliver our Services and Content including but not limited to information technology service providers, data storage, web hosting and server providers, professional advisors, payment systems operators, our business partners or as required by law.
  • Refer to our Privacy Policy for further information about your personal information and details.

Credit Card Details and Unauthorised Use of Credit Cards

  • Any payments made through our Website using a credit card are final. If you become aware that your credit card has been lost, stolen and/or is being used fraudulently, it is your responsibility to report the issue immediately to your financial institution.
  • We do not store your credit card details. We use the services of Stripe and PayPal which store your credit card data. We provide no guarantees or warranty as to the safety or security of these third party payment processors and do not accept responsibility for any loss, damage or expenses suffered by the use of or in connection with these facilities. Payments made using a third party payment processors may be subject to the payment processor’s terms and conditions.

General Payment Terms

  • All payments due to Sleeping Beauties Sleep School must be made via one of the payment methods set out on our Website, including our payment processors (currently Stripe and PayPayl). You authorise us and/or our payment processors to debit your payment method when you order a Consultation and/or any associated Services or products.
  • It is your responsibility to check the Services you have chosen, including pricing, description, inclusions and other details before you submit your order through the Website.
  • To the extent permitted by law, excepting the “Refunds” clause of these Terms and Conditions, once paid, fees are non-refundable.
  • Unless otherwise stated, all fees are stated in Australian dollars.
  • You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay the fees and any other amounts due and payable. The Client is responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
  • You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.

Consult Agreements

  • When the Client books a consult with Sleeping Beauties Sleep School they agree to:
  • Practice and abide by all safe sleep practices recommended by Red Nose Australia, WHO (World Health Organisation) and AAP (American Academy of Paediatrics) to prevent the risk of SIDS
  • Provide and disclose all current and relevant information, including medically diagnosed conditions of the child to Sleeping Beauties Sleep School.
  • Not share, reproduce or sell any information or custom plan created and provided to you from Sleeping Beauties Sleep School.
  • Provide accurate and detailed information as requested by Sleeping Beauties Sleep School when completing the questionnaire and sleep goals.
  • Are responsible to follow-up any medical reasons regarding why their child may be experiencing sleep problems. Sleeping Beauties Sleep School will not diagnose, treat or give any medical advice. If it is suggested you seek a medical review of your child by your GP or paediatrician for any reason, this is not a medical opinion but a suggestion based on the information provided by the Client. If sleep training is not approved from a medical professional after a medical review you will be offered a full refund.
  • Ensure the child is healthy with no current illnesses and is thriving with no weight gain problems that could be the cause of any sleep concerns.
  • Acknowledge and accept that the Client is responsible for the health and safety of their child at all times.
  • The Client may book consultations through the Website by paying the consultation fee or redeeming a gift voucher. The Provider will send you a return confirmation communication if your request is accepted, which results in a separate binding agreement between you and the Provider for the supply of the consultation in accordance with these Terms and Conditions.
  • For in-person, at home consultations, the Client agrees to ensure that access to your home is free from harm or risk to health and safety.

Pricing

  • Prices are all inclusive and are to be paid at the time of booking.
  • Sleeping Beauties Sleep School reserves the right to alter pricing at any time and for any reason, without prior notice to the Client.
  • Any order placed through the Website is an offer by you to purchase our Services for the price notified at the time you place the order.

Cancellations

  • If the Client wishes to cancel a home consult, they must contact Sleeping Beauties Sleep School 48 hours in advance of the consultation date for scheduling purposes. The Client will be able to reschedule their consult for any time within the next 6 months. If you fail to notify or cancel 48 hours prior to your scheduled consult you may be ineligible to reschedule unless you can provide a fair and reasonable explanation, including any relevant supporting documentation.
  • The Provider may reschedule a consultation by providing the Client with at least 2 days’ notice prior to the scheduled consultation.

Gift Vouchers

  • Gift vouchers can be purchased from the Provider’s Website in Australian dollars and may be used only for purchases relating to the Provider’s Services. Purchased gift vouchers will be sent to the Client or Client’s recipient email.
  • Gift vouchers will have a unique code that will be required to redeem the voucher.
  • Gift vouchers should be treated as cash in Australian dollars and cannot be replaced if lost or stolen. The Provider is not responsible if a third party uses the client’s gift voucher e-code.
  • If the clients purchase exceeds the value of the gift voucher, the remaining balance must be paid by the Client.
  • Gift vouchers are not redeemable for cash and cannot be returned for a cash refund or exchanged.
  • Gift vouchers cannot be purchased with another gift voucher.
  • Any unused balance will remain as credit on the gift voucher and is not transferable for a cash payment. Additional values cannot be added to existing gift vouchers.
  • Gift vouchers are valid for a period of 3 years from the purchase date for online purchases, and bookings must be made within this period. Gift Vouchers are for one use only. The Provider will not send reminders of when gift vouchers will expire.
  • Gift vouchers cannot be replaced if lost or stolen. If you suspect unauthorised activity, immediately report this to the Provider providing all details including proof of purchase, gift voucher number and photo ID for verification purposes.
  • The Provider reserves the right to request alternative forms of payment if a fraudulently obtained gift voucher is redeemed.

Promotions

  • We may from time-to-time issue promotional discount codes for certain Services. To claim the discount, you must enter the promotional code at the time of submitting your order through the Website. The conditions of use relating to promotional discount codes will be specified on the Website at the time they are issued. We may also from time-to-time run competitions on the Website or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Website at the time of the competition.

Associated Social Media Platforms

  • From time-to-time, private Facebook groups or private communications on other social media platforms may be utilised as part of our Services. You must not share, disperse, post or publish any material on any of our social media platforms which is offensive, indecent, in breach of any laws, or in breach of any intellectual property rights. We reserve the right to, at any time and without prior notice to you, remove any content from our social media platforms posted or shared by you. We reserve the right to, at any time and without prior notice to you, remove you from any of our social media platforms.
  • Your access to and participation in our social media platforms is subject to the terms and conditions of each of the said platforms, including but not limited to Facebook and Instagram. Information that is shared, whether by us or others users, in a private group or private communication is private and confidential. You must keep confidential any information shared and posted via any social media platform private groups or private communications, including the names of other clients.
  • You will be able to communicate with us and ask questions to our certified sleep consultants and other users through our social media platforms. You may be permitted to post, upload or otherwise submit content such as comments, questions, pictures, testimonials and videos on our social media platforms. Any submissions made by you on our social media platforms must be made in accordance with these Terms and Conditions and is made at your own risk. You acknowledge and agree that you are solely responsible for all content that you make available on our social media platforms.
  • Discussions and user content which is posted and/or shared on our social media platforms must be relevant to the Provider’s business. We reserve the right to appoint moderators to our social media platforms to ensure that content is relevant and no inappropriate thread or topic is discussed.
  • We reserve the right to remove any uploads or posts which we, in our sole discretion, deem to be in breach of these Terms and Conditions. We are not responsible for the conduct of any users of our social media platforms.
  • By posting, uploading or sharing content on our social media platforms, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use such content, with the right to use, view, copy, modify, distribute, transfer, communicate, publicly display, transmit or otherwise utilise such content on our social media platforms. Client information and details that is regarded as personal information will remain confidential.

Refunds

  • Refunds will be processed promptly and funds will be returned by the same method in which the Client made payment.
  • If the Service is deemed inappropriate by the Provider the Client will be offered a full refund.
  • Due to the nature of the work involved Sleeping Beauties Sleep School will not offer a refund for any other reasons, including change of mind.

Support

  • When accessing and using follow-up support, please keep correspondence within business hours. Sleeping Beauties Sleep School is not an emergency service and provides full email, phone and text support within appropriate business hours, being Monday to Friday 0800 – 1800.
  • Text support is also available on weekends.
  • If you need urgent medical support, please seek medical advice. If there is a medical emergency, please phone 000.

Custom Plans

  • The service provided to you by Sleeping Beauties Sleep School uses current, evidence-based and scientifically researched sleep training methods. Sleeping Beauties Sleep School is operated by a fully qualified and trained sleep consultant, certified by Baby Sleep Consultant Training Limited, an IICT approved training provider.
  • Sleeping Beauties Sleep School makes no guarantees of any specific result once information is provided by the Client. Results of our Service vary depending on several factors including a child’s age, temperament, illness or injury, commitment or consistency from the Client, outside influences such as moving, separation or divorce and the changing needs of the child.
  • Any results from the custom plan may not be evident until 10-14 days of consistent implementation from the Client. The Provider does not guarantee any specific outcome from the use of our Services or the Content.
  • Custom plans created by the Provider are tailored to the individual needs for that Client and are specific to that Client’s child/children only. Custom plans are not be shared, replicated or sold to any other persons or third parties.
  • Any changes the Client makes to their child’s diet or sleeping arrangements are at their own discretion. The Provider may make suggestions, however it is the Client’s responsibility if they choose to implement these.
  • The Client is responsible for completing sleep logs with the required information and providing these to the Provider for adequate use of follow-up support included in service/consult packages.

Home Visits

  • It is the responsibility of the Client to advise the Provider who will be in attendance at the time of the home visit and of their relationship to you. For in-person, at home consultations, the Client agrees to ensure that access to your home is free from harm or risk to health and safety. If the Provider feels for any reason that their health or safety is at risk, the Provider will terminate the Service immediately with no refund provided. Home visits will be arranged at a mutually suitable time within business hours, unless previously arranged. The Provider will send out a mandatory in-home safety checklist prior to the consultation to ensure the Client’s home is safe to enter.

Privacy

  • Personal information provided to the Provider will remain private and confidential. It will not be shared with or sold to any social media platforms or marketing companies.
  • Information provided to you from the Provider is confidential and applies only to the specific Client. It is not to be shared, replicated or reproduced to any persons or third parties.
  • Further information is available in the Privacy Policy.

Safety

  • For safety and liability reasons, the Provider will not work with consumers who choose to bedshare (Parent/s/Carer/s and child/children sleeping together in the family bed) upon the provision of our Services. If the Client purchases a consult and is currently bed sharing and wishes to stop, the Provider will work with you.
  • If the client currently bedshares and does not wish to stop bedsharing, the Provider will provide a full refund. The Provider provides all recommendations for safe sleeping through research and consultation with Red Nose Australia, WHO (World Health Organisation) and the American Academy of Paediatrics (AAP) regarding safe sleep.

Agreement

  • By accessing or using our Website and/or purchasing a consultation you are agreeing to these Terms and Conditions, including our Privacy Policy.

Terms and Conditions Enquiries

  • If you have any queries about our Terms and Conditions, please contact Sleeping Beauties Sleep School at info@sleepingbeautiessleepschool.com.au

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