This Site is owned and operated by Raising Healthy Sleepers ABN: 54761194452. Please take the time to read the terms of use that apply to your use and enjoyment of our Site and the content made available to you via our Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site.
1. Consent to site terms:
1.1. By accessing and using our Site, our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you are taken to accept our Terms.
2. No minors:
2.1. By using the Site or accessing or purchasing any products or services, you warrant that you:
- are over 18 years of age and have the legal capacity to enter into a legally binding contract;
- have read and accepted these Terms; and
- will comply with these Terms.
3. Changes to these terms:
3.1. We have the right to change these Terms at any time, following the law, without giving you prior notice. These changes take effect once we update the new version on our Site. It's your responsibility to check these Terms before using our Site and regularly while using our services. If you don't agree with the Terms, please don't use our Site. By continuing to use it, you accept any changes. You can also accept these terms by clicking "Agree," "Accept," "Buy," or "Book" where available. If you're unsure about anything on our Site, feel free to contact us before making a purchase or booking.
4. Services Offered:
4.1. Raising Healthy Sleepers (“Consultant”) primary service provides guidance and advice regarding different sleep training methods and settling techniques for infants and toddlers to parents and/or guardians (“clients”).
5. Consultation Process:
5.1. Clients are required to provide accurate and complete information about their child's sleep habits, health, and any relevant background to enable the Consultant to provide appropriate recommendations.
5.2. The Consultant will offer personalised sleep strategies and solutions based on the information provided by the Clients.
5.3. Clients acknowledge that the effectiveness of sleep techniques may vary based on individual circumstances and the child's unique needs.
6. Service Fees:
6.1. Clients agree to pay the specified consultation fees prior to the commencement of services.
6.2. To the extent that the Australian Consumer Law guarantees, a refund will not be issued upon commencement of services provided.
6.3. All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.
6.4. We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.
6.5. We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
6.6. We offer the option to pay for our products and/or services by credit card or such other method of payment as indicated on our Site. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services.
7. Client Responsibilities:
7.1. Clients are responsible for implementing the Consultant's advice consistently and accurately.
7.2. Clients understand that achieving improved sleep patterns may require time and patience, and commit to following the Consultant's recommendations for the specified duration.
7.3. Clients will promptly inform the Consultant of any changes in the child's health, routines, or circumstances that might impact the sleep training process.
8. Confidentiality:
8.1. Both the Consultant and Clients agree to maintain confidentiality. This includes but not limited to the dissemination or disclosure of any personal information to the public without first obtaining the consent of the confiding party, or any professional advice given.
8.2.“Personal information” means information whose identity is apparent. Information where identity is not apparent or anonymised is to be regarded as “non-personal information”.
8.3. Professional advice” means trade secret.
8.4.The Consultant reserves their right to use non-personal information for testimonial or educational purposes.
9. Liability Limitations:
9.1. Clients acknowledge that the Consultant is not a medical professional and does not provide medical advice. Any health-related concerns should be addressed with a qualified healthcare provider.
9.2. The Client holds the Consultant harmless and acknowledges that the Consultant will not be held liable of any loss or damage suffered in connection with the goods and services provided.
9.3. The Client agrees to release, discharge, and indemnify the Consultant from and against any action or claim made upon the Consultant by the Client or by any third party in connection with the Client.
10. Termination:
10.1. Each party reserves their right to terminate engagement at any time, for just cause, on reasonable notice or otherwise agreed by the parties.
10.2. In the event that services cannot continue to the fault of the Consultant, the Client is entitled to compensation for unused consultations prorated equivalent to the value of those unused services.
11. Governing Law:
11.1. These terms and conditions are governed by the laws of VIC, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of VIC, Australia.
12. Intellectual property:
12.1. Our Site, products, and services feature intellectual property owned by us and third parties who license content to us ("Third-Party Licensed Intellectual Property"). This includes trademarks, copyrights, proprietary information, designs, patents, and other intellectual property rights, along with business names, logos, images, text, videos, audio files, graphics, and software ("Content"). Breach of these terms may result in legal action. However, using our Site, products, services, and Content doesn't give you any rights to these.
12.2. No Commercial Use
You're not allowed to modify, publish, transmit, sell, create derivative works, distribute, display, reproduce, perform, or exploit our Site, products, services, Content, Intellectual Property, or Third-Party Licensed Intellectual Property without our written consent. Violating these Terms may lead to your access being revoked without a refund, or legal action.
12.3. Limited License
When you download or purchase our Digital Products (like checklists, guides, ebooks, workbooks, video, or audio content), you get a limited, non-transferable license to use them for your personal use. You can't transfer these products to others without our written consent. We can refuse products or services at any time for any reason.
12.4. You acknowledge that you can't modify, copy, reverse engineer, sell, enhance, or exploit our products (including Digital Products) unless we authorize it.
13. Privacy:
13.1. These Terms encompass our Privacy Policy, outlining how we utilise your personal information. You can find it here. Using our Site implies your agreement to the data practices laid out in the Privacy Policy, and you confirm the accuracy of all information you provide.
14. Digital products:
14.1. Upon downloading or purchasing our Digital Products, you receive a limited, non-transferable license allowing personal use. Without our written consent, you can't transfer them to others. We can decline providing products at any time.
14.2. Once your Digital Product payment is confirmed, you can download it and take over maintaining the copy. Any issues post-download are your responsibility; we won't be liable.
14.3. Apart from what's expressly stated, you're not allowed to modify, copy, sell, create derivative works, or exploit Digital Products, except as authorized by us.
15. Refund Policy:
15.1. Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
15.2. Refunds are granted solely at our discretion or if we can't provide services. You understand no refund is due if you change your mind or go against our advice.
15.3. If a deposit is paid for services, it's non-refundable and non-transferable, regardless of service outcome.
15.4. Refunds, like service credits, might be given, at our discretion.
16. Cancellations:
16.1. We hold the right to delay, cancel, or reschedule Services at a mutually convenient time for any reason. If we cancel without rescheduling, fees for the cancelled part will be refunded.
16.2. Should you cancel or reschedule services but we're unavailable on the new date, you accept responsibility for an extra fee.
16.3. Notify us 48 hours before scheduled appointments to cancel. Failing this notice may mean no refund and may incur cancellation fees.
16.4. If you've canceled with proper notice, you can suspend Services for up to 3 months or get a refund on unused Services, which might include a Cancellation Fee.
16.5. We're not liable for third-party contract breaches affecting services, even if they can't proceed.
16.6. In cases of Force Majeure, we're not liable for loss or damage due to cancellations or postponements.
17. Electronic communications and electronic signatures:
17.1. By using our Site, you recognise that you'll be held to any affirmation, acceptance, or agreement transmitted through it. This includes consent for receiving our communications. Moreover, when you electronically click or tick options like "I agree" or "I consent" using devices like phones, tablets, laptops, etc., your agreement or consent is legally binding. It's as effective as your handwritten signature.
18. Competitions:
18.1. Occasionally, we might host competitions on our Site or social media. Joining these mean following these Terms and any specific competition conditions.
19. Testimonials:
19.1. Our Site showcases actual customer experiences and insights about our products/services for illustration. These results offer possibilities but don't ensure similar outcomes for other users.
19.2. If you've given testimonials, we might use them for promotion on our Site, social media, or elsewhere, at our discretion.
20. Prohibited use:
20.1. In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;
- to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
- to infringe upon any other person's proprietary rights;
- to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.
21. Additional terms:
21.1. Where you elect to enter into a one-on-one arrangement with us, we will issue you with a Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.
By engaging with the services offered by "Raising Healthy Sleepers," both the Consultant and Clients agree to adhere to the terms and conditions outlined above.