Terms and Conditions

Terms and Conditions

Last updated: July 11, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms and Conditions:

  1. Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  2. Country refers to: New South Wales, Australia

  3. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Safe Sleep Company, Bondi, NSW, 2026 .

  4. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  5. Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  6. Goods refer to the items and consultations offered for sale on the Service.

  7. Orders mean a request by You to purchase Goods from Us.

  8. Promotions refer to contests, sweepstakes or other promotions offered through the Service.

  9. Services refers to the Website and procured interactions with the Safe Sleep Company.

  10. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  11. 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.

  12. Website refers to The Safe Sleep Company , accessible from www.safesleepcompany.com

  13. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and The Safe Sleep Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service, and purchase any goods or consultations.

 

By accessing or using the Service You agree to be bound by these Terms and Conditions. You must accept these terms prior to making any purchase of goods or booking of a consultation with our service.

 

If You disagree with any part of these Terms and Conditions then You may not access the Service, purchase goods or consultations.

 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

 

Your Responsibilities

When working with The Safe Sleep Company, you must agree;

 

  1. To check with your health care provider or doctor if your child has any medical conditions which may prevent them from being sleep trained safely.

  2. Provide us with full details of any medical conditions your child may have, including those that may influence sleep training, we may also require clearance from your doctor to ensure your child is safe for sleep training.

  3. To strictly comply with any medical advice, you have received from your doctor/practitioner, and disclose this to your sleep consultant.

  4. Always adhere to safe sleeping guidelines for your child within your country of residence, for example Red Nose Australia, AAP, WHO and NHS England.

  5. Provide us with all information about you and your baby that is requested prior to or during your consultation.

  6. Your child’s personalized sleep plan is for your child only, and is not to be shared with a third party. The information in your child’s plan may not be relevant for another child.

  7. Any changes you make to your child’s sleep are your decision, and The Safe Sleep Company will make suggestions for change, of which you are responsible for choosing to implement.

  8. It is your responsibility to engage with The Safe Sleep Company for your follow up support, to get the most out of your consultation.

  9. Our advice does not replace that of your medical practitioner, we do not offer medical advice via our service. If you have any medical concerns for your child you must appropriately seek this advice through your doctor. 

Placing Orders for Goods

By placing an Order for Goods or consultations through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Cancellation of Goods ordered

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability

  • Errors in the description or prices for Goods

  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

 

Return and Refund Policy

We do not accept returns of any digital content purchased via our website. We do not offer refunds for any digital content purchased via our website.

Refund of Consultations

  • Home Consultations

When booking a home consultation, a non-refundable deposit of 25% of the full price must be paid in advance to secure a date, and the remainder is required to be paid in full on the day of the consultation prior to the appointment taking place. Any cancellation besides that of medical or other emergencies will forfeit the deposit. If you cancel less than 48 hours before the visit, the full amount will be required to be paid, and we can offer a reschedule of the appointment within the next 30 days.

 

  • Phone/Email consultations

Full payment for a phone/email consultation must have been received prior to the consultation taking place, to confirm booking. Once this has been received we do not offer refunds of appointments. However, if you notify us of a cancellation at least 48 hours before the scheduled time, then we will reschedule the appointment for a mutually convenient time within the next 30 days.

 

If you require an appointment reschedule due to sickness, we may require a doctor’s certificate to be provided to confirm your child is fit for sleep training. If you’re unable to reschedule your cancelled appointment, it will be forfeited and associated Fees are payable immediately.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods and consultations on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order. The full details of our Fees are set out on our Website. Fees for our consultations must be paid prior to the consultation takes place, and must be paid immediately for any goods purchased via our website.

 

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

Goods purchased are either subject to a one-time payment, or deposit payment for home consultations. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

 

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order.

 

Full payment must be made via our website for all digital goods available from our service.

 

Full payment must be paid prior to any consultation taking place, whether this is via phone/email/in home.

 

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

 

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: safesleepcompany@gmail.com

By visiting this page on our website: www.safesleepcompany.com/contact