Terms & Conditions
WEBSITE, DEVICE APPLICATION, COMMUNITY FORUM AND BOOKING CONSULTATION TERMS AND CONDITIONS
These “Website, Device Application, Community Forum & Booking Consultation Terms and Conditions” are effective and have been updated as of 29th November 2020
PLEASE ENSURE YOU READ THESE TERMS AND CONDITIONS CAREFULLY
This Website and Device Application is owned and operated by BABY SLEEP MAGIC PTY LTD ACN 606 097 634 In these Terms, 'Us', 'We' and 'Our' means Baby Sleep Magic and our related bodies corporate or affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves.
By using this Website, or any Device Applications accessible through any device (tablet, desktop, mobile or otherwise) or by using our community forum, purchasing a Package from Baby Sleep Magic, using our platform, requesting a consultation or otherwise, you as the customer (‘You’, “Your” and “Customer”) hereby acknowledge that you are entering into a binding contract with us and agree to be legally bound by the terms and conditions set out below, including our Privacy Policy at https://www.babysleepmagic.com/policies/privacy-policy.
STATEMENT OF HEALTH AND WELLNESS
The information provided on our Website, Device Application, Community Forum, Social Media Handles and Linked Sites, including without limitation information relating to medical and health conditions, goods, services, methods, processes, or their effectiveness or uses, including with respect to treatments is a guide only. It is not intended as a substitute for professional health, wellbeing or medical advice from your physician or other healthcare professional or any information contained in the Package, Device Application, Website or anywhere else. Before purchasing or using any Package, products, information, goods or services provided on, by or through Baby Sleep Magic or any Package offered by it, or any Device Applications or Linked Site(s), you should obtain personal advice for your circumstances from a doctor or healthcare professional. You should also read carefully all information contained on any labels or packaging before taking any medicinal, herbal, homeopathic or other supplement before using same in connection with any health-related issues. You must not use the information from the Package, Website or the Device Applications for diagnosis or treatment of any health problem or as a prescription for any medical conditions or ailments. As we are not medical professionals, we cannot guarantee exactly how each individual will react to any particular Package ordered or sold herein. You agree that you will disclose in full any medical conditions or concerns with their child’s health to us prior to purchasing a Package, Booking or otherwise causing a consultation to take place, should a medical problem appear or persist, before, after or during a consultation, immediately seek medical advice from your qualified health professional / doctor. Any changes the customer makes to their child, children or infant(s) health and wellbeing, sleeping or eating arrangements are fully at their sole risk and discretion. We only provide suggestions, of which you acknowledge that you are solely responsible for choosing to implement. You should review our “Privacy Policy” https://www.babysleepmagic.com/policies/privacy-policy and these terms & conditions carefully and immediately cease using our Website or Device Applications if you do not agree to these Terms.
1 REGISTRATION
(a) You must be a registered member to make bookings, orders, access our products, access certain features of our Package, Website or Device Application.
(b) When you register and activate your account, you will provide us with personal information such as your full name, email address, your child/children’s name, and date of birth. We recommend that you read any third party’s terms and conditions prior to using them to sign into our website or Device Application. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy (link below). https://www.babysleepmagic.com/policies/privacy-policy.
(c) When you register and activate your account, we will provide you with an introduction email Note that you are responsible for keeping your username and password secure and are responsible for all use and activity carried out under this username.
(d) If you are under the age of 16 years, you may not create an account or register as a member with us. If you are 16 years or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
• exercise supervision over the Minor's use of our Website, Device Application and account;
• assume all risks associated with the Minor's use of our Website, Device Application, and their account, including the transmission of content or information to and from third parties via the Internet;
• ensure that the content and information that the Minor may encounter on our Website and Device Application are suitable for the Minor;
• assume liabilities resulting from the Minor's use of our Website, Device Application and their account;
• ensure the accuracy and truthfulness of all information submitted by the Minor; and
• provide the consents contained in these Terms on behalf of the Minor.
• possess the legal right and ability to enter into a legally binding agreement with us; and
• agree and warrant to use the Website and Device Application in accordance with these Terms.
(e) We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Website, Device Application and your account on this basis.
2 COLLECTION NOTICE
(a) We collect personal information about you in order to respond to your enquires, process your registration, provide you with offers, promotions and competitions and for purposes otherwise set out in our Privacy Policy at https://www.babysleepmagic.com/policies/privacy-policy.
(b) We may disclose some information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you.
(c) Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us via our email address at support@babysleepmagic.com.au.
(d) By providing your personal information to us, you consent to the collection, use, storage, and disclosure of that information as described in the Privacy Policy and these Terms.
3 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
(a) Although we make reasonable efforts to update our Website and Device Application and ensure it is up to date. The information on our Website and Device Application are not comprehensive and are intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website and Device Application, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website and Device Application. You should monitor any changes to the information contained on this Website and Device Application.
(b) 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 and Device Application or any linked Website and Device Application or social media handles. You must take your own precautions to ensure that whatever you select for your use from our Website and Device Application is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
(c) We may, from time to time and without notice, change or add to the Website and Device Application (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website and Device Application updated. We are not liable to you or anyone else if errors occur in the information on the Website and Device Application or if that information is not up to date.
4 PROMOTIONS AND COMPETITIONS
(a) For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest.
(b) In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
(c) We may offer special trials, campaigns, promotions, discounts, contests, or offer coupons through our Website and Device Applications or third parties, additional terms and conditions may apply. If you want to participate in such a campaign, promotion, or contest, it is your responsibility to read and understand any promotion, specific terms and conditions that may appear on our Website or in our Device Applications or any third party’s terms and conditions separate to our terms and conditions. You may need to agree to the relevant terms and conditions applicable to that campaign, promotion, or contest.
(d) Any of our trial offers, or subscriptions will automatically rollover to a paid Subscription, unless cancelled at the end of the promotional period by you, or unless otherwise stated.
5. PAYMENT, SUBSCRIPTION AND PRICING
(a) Subject to any free trials, our one (1), three (3) and twelve (12) month Subscription payment plans require you to make full up-front payment of the Price in bulk to us prior to the commencement of your chosen Subscription plan.
(b) You cannot substitute any outstanding Subscriptions costs for any of our In-Home/ Online Virtual consultation Packages.
(c) Your Subscription/s will be automatically renewed by us on the first day of your next billing cycle period unless you have cancelled your Subscription plan prior to this date, we recommend that you do so within your Device Application “App” (as per section 10.(e) in this terms and conditions) and allow 24 hours for cancellations to process. No responsibility or liability will be accepted for any delays or errors with processing such cancellation/s.
(d) The Price shall be displayed on the Website or within our Device Applications. We reserve the full rights to vary our Subscription plan Price from time to time, you will be notified of the changes by us, the updates will be provided to you within a reasonable time period and will only come into effect and take place on the next subsequent billing period. If your purchase was made by our Website or Device Application and you do not cancel your subscription prior to the next billing cycle, then you will be deemed to have accepted the variation and additional Subscription costs or charges will be deducted accordingly.
(e) If any Subscription costs billed to your account are not processed for any reason, we may suspend your Subscription until payment is made in full.
(f) If you have purchased your Subscription via our Website or Device Application, you are required to let us know if your payment method changes. You can do this by going into your profile settings on your App and selecting "Account”, then “Manage Subscription”.
(g) We will assume your payment method is correct and will continue to bill Subscription fees and charges relating to your Subscription by your nominated payment method.
(h) If there are any delays or errors or inability to process your payment, you will be required to address any such issues (with your third-party financial institution, credit card or payment provider) or use an alternative method of payment.
(i) You warrant that in attempting to make your payment, you are not engaging in any unscrupulous, fraudulent, or deceptive conduct and have not contravened any Law.
(j) Until payment is made in clear and received funds, we have no obligation to accept, process, prepare, deliver, or otherwise take any action with respect to any Consultation or Subscription Order/Booking.
6. FREE TRIALS
(a) Your Subscription may start with a free trial. The duration of your free trial period will be specified during the sign-up process. If you attempt to sign up twice for a free trial, you will be charged by us for a standard Subscription cost.
(b) Our free trial periods are only available to new users and are provided at our sole discretion and are not available in conjunction with any other offers that we may have from time to time.
(c) We reserve the right to revoke your free trial at any time and put your account on hold in the event that we determine that you are not eligible. For combinations with other offers, restrictions may apply.
(d) Any unused portion of your free trial period will be forfeited upon purchase of a Subscription plan.
(e) You can cancel your Subscription plan at any time during your trial period by accessing your account where you set up your user details. if you do not cancel within your trial period, you will be automatically charged by us for the Subscription after your trial period ends and you will become a paid membership user.
7. IN-HOME AND ONLINE VIRTUAL CONSULTATION T&C’S
(a) You agree to be bound by these Terms and Conditions and our Consultation Terms and Conditions from us when you submit a Consultation Booking for an In-Home/Virtual online Consultation.
(b) Each Consultation Booking you place with us will be a separate and binding agreement between you and us with respect to the supply and delivery of the Package, in accordance with these terms and conditions.
(c) All Consultation Bookings may be placed via the submission of an electronic request via our Website or Device Application or via our third-party management services https://acuityscheduling.com/ namely “Acuity Scheduling” through an in-store purchase.
(d) A Consultation Booking submitted in this way is an offer to you to purchase a Package/service for the Price (plus any Delivery Fee and GST) at the time of submission of your Consultation.
(e) A Consultation email will be supplied to you upon submission of your Consultation Booking to us. This does not constitute acceptance of same but is required should you wish to contact us. We reserve the right to accept or reject your consultation booking at our discretion (and without reasons).
(f) Once submitted, cancellations or modifications may only be made at our discretion and are not guaranteed in every case. It is up to you to ensure that your shopping cart or Booking order is fully completed prior to submission of same.
(g) We will endeavour to assist with cancellations or changes up to forty-eight (48) hours prior to the start of any scheduled consultation, in our discretion. If a cancellation is made less than 48 hours prior to the consultation or appointment, a 50% cancellation fee will apply, which you acknowledge is on account of our loss and damage suffered in connection with our making and holding of the available timeslot and any incidental activities. You further acknowledge that any cancellations during the consultation will not attract any refund.
(h) You acknowledge that all Consultation Bookings and the Package itself are intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply from time to time.
(i) You must ensure that any Consultation Bookings placed by you are complete and accurate to enable the processing and delivery of any such Consultation Booking. This includes the provision of any requisite medical information with respect to any diagnosed or undiagnosed medical conditions or medical history, allergies, and similar relevant information. We accept no liability for any Loss (whether to you or anyone else) as a consequence of inaccurate or incomplete Consultation Bookings.
(j) You must immediately notify us if your child is sick with a temperature or has been diagnosed with a medical condition by the doctor prior to the confirmed consultation. The consultation will/may be postponed until your child is better at the discretion of us, the next available consultation date and time will be scheduled for you. A doctor’s certificate or other medical information may be requested from you, at our discretion.
(k) Where any Consultation Booking is not intended for the person submitting the Consultation Booking and is intended for a nominated recipient, you warrant that you have obtained the consent of the recipient to the provision of any personal information submitted to us in connection with such a Consultation Booking, prior to the making or submission of same.
(l) We reserve the right to accept or reject any Consultation Booking in our discretion, at any time. We will use reasonable endeavours to notify you of any non-acceptance as soon as is reasonably practicable. We will not be liable to you in any way whatsoever for any rejection.
(m) If rejection by us occurs where a payment has already been made, we will refund any money paid within a reasonable time thereafter.
(n) If, during the delivery of the Package or Consultation Booking, any person becomes abusive, threatening, un-cooperative or does not take reasonable care for the safety of your child, we reserve the right to terminate the Package, the Consultation Booking, the consultation or the provision of any goods, services, advice, recommendations or otherwise immediately and without a refund (be it online or in-home).
(o) If we need to contact you in relation to a Consultation Booking and we are unable to do so through the contact details you have supplied us after having made reasonable attempts, we may, at our discretion, reject any Consultation Booking and provide notification of rejection to you. We are not liable to you or anyone else in connection with such rejection.
(p) We further reserve the right to undertake credit checks, fraud avoidance or any other enquiries that we, in our discretion, consider appropriate before accepting or rejecting any Consultation Booking.
(q) You fully understand and accept that in the unforeseen event that we have to cancel a Consultation Booking for reasons beyond our control, we will provide you with the next available appointment as a substitution, should this not completely fit your requirements, a full refund will be provided to you by us.
(r) You agree that all Consultation Bookings (In-home and Virtual Online Consultations) are non-refundable after the start of sleep work commences with you (i.e., when any sleep advice has been delivered to you via email, text, phone or in person by us).
8. AVAILABILITY OF PACKAGE / CONSULTATION BOOKING
(a) If any Package on the Website or our Device Applications are unavailable and we are not able to fulfil all or part of a Consultation Booking, we will use reasonable endeavours to contact you promptly upon receipt of your Consultation Booking to change your Consultation Booking or come to an alternative arrangement. Where we cannot agree, we will refund you the Price paid for the unavailable Package within a reasonable time and process the remainder of any Consultation Booking. We are not liable with respect to any Loss you or any third party might suffer as a result of any delay in processing your refund.
(b) We reserve the right to withdraw or suspend any Package displayed on the Website or Device Application from sale either temporarily or permanently at any time without notice.
9. DESCRIPTION OF PACKAGES AND CONSULTATIONS
(a) You acknowledge and agree that:
i. All pictures and images of any subject matter connected to the Package/s or any Consultation Bookings or otherwise that is displayed on the Website or in our Device Application or in app stores are for illustration purposes only.
ii. You have read any corresponding written description of the Package prior to submitting your Consultation Booking.
iii. the inclusions contained in the Package or anyone providing any goods, services, advice, or recommendations as shown on the Website or the Device Applications may vary in real life.
iv. where we provide dimensions and measurements, specifications, quantities, sizes, frequencies, dosages, suitability for use, condition, quantity or other information pertaining to the Package / Consultation or anything contained within same, it is your responsibility to ensure that the information supplied is suitable for your purpose prior to submitting your Consultation Booking (including whether we are able or capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and
v. any accessories, tools, instruments or similar that are featured with the Package are for illustration purposes only and may be sold separately.
Delivery
(a) You must be present to accept delivery of your Consultation booking at your pre-confirmed residence address at the agreed booking time & date. Where a Consultation Booking cannot take place as a result of the premises being unoccupied, a 50% cancellation fee will apply, which you acknowledge is on account of our loss and damage suffered in connection with our making and holding of the available timeslot and any incidental activities.
(b) It is your responsibility to provide us disclosure (prior to your consultation) of any access codes, security concerns, dogs, animals including instructions for safe access.
(c) In certain circumstances, a consultation may be agreed to be conducted outside of the suburbs that we operate in. This is your responsibility to ensure that your area is covered within the boundaries of our operation. (https://www.babysleepmagic.com/pages/suburbs-we-service).
(d) An additional fee of $50 per hour travelled will be charged if travel exceeds 25kms from our main office. To confirm and book an appointment outside our areas covered, you will need to email a request to support@babysleepmagic.com.au.
10. ORDERS, CANCELLATIONS AND RETURNS
(a) If you do not cancel your automatic renewal of your Subscription before the expiry of your Subscription, you will be billed for a renewed Subscription at the same cost of your initial Subscription on the date that your initial Subscription term expires, unless otherwise stated.
(b) If you choose to cancel your Subscription, we will not provide a refund to you. After cancellation of your Subscription plan, you will continue to have full access to our Device Application “The Baby Sleep Magic App” for the entire remainder of your billing period.
(c) We regret that no refund or credits for unused Subscription periods due to accidental purchase, medical reasons or any other reason or event will be issued once payment has been made by you.
(d) If you delete your Device Application or account without first cancelling your Subscription plan, you will continue to be charged for a renewed Subscription at the same cost of your initial Subscription on the date that your initial Subscription expires.
(e) To cancel Your Subscription, please carry out the below process through your Device Application “App”
· Go to Settings > Account.
· Tap Manage Subscription.
· Enter Your e-mail address (the e-mail you used to create your account)
· Click Continue.
· You will be sent an OTP (One Time Password) to your account’s logged e-mail address.
· Go to your e-mail address, log this six-digit code, then enter this code into your app.
· Click Login.
· Click on your Subscription
· Click Cancel Subscription
(f) To reactivate your Subscription after it expires, you can log back into your Device Application “App” and follow the below processes.
· Go to Settings > Account.
· Tap Manage Subscription.
· Enter Your e-mail address (the e-mail you used to create your account)
· Click Continue.
· You will be sent an OTP (One Time Password) to your account’s logged e-mail address.
· Go to Your e-mail address, log this six-digit code, then enter this code into your app.
· Click Login
· Click on Your Subscription
· Edit Subscription
· Reactivate Account
(g) If you don't see a Subscription in your Baby Sleep Magic App “Device Application” yet you are still being charged, make sure that you are signed in with the correct email address that you signed up with when creating your account. If you still cannot cancel or change your Subscription plan, please contact us at support@babysleepmagic.com.au.
(h) How to cancel your Apple Subscription (In-App Subscription Purchases)
· Go to Settings > [your name] > iTunes & App Store
· Tap your Apple ID at the top of the screen, then select View Apple ID. You might need to sign in with your Apple ID
· Scroll down and tap 'Subscriptions'
· Choose 'Baby Sleep Magic' as the subscription that you would like to manage
· Tap 'Cancel Subscription'. Upon cancelling, your subscription will cease at the end of the current billing cycle
Please note: If you do not see an option to cancel a particular subscription, then it has already been cancelled and will not renew. If the subscription recently expired, you should see an expiration date. If you recently cancelled the subscription, you should see the date until which you will have access to the subscription.
More details can be found in this Apple Support article: https://support.apple.com/en-gb/HT202039
If you do not see a subscription in your Apple Subscriptions and are still being charged, make sure that you are signed in with the correct Apple ID. If not, you might have subscribed directly from our website, and not through Apple. In this case, please cancel using your app.
(i) IN AUSTRALIA, OUR PACKAGE AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
11 LINKED SITES AND OPTIONAL TOOLS
(a) Our Website or Device Application 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.
(b) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion
and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website or Device Application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
12 INTELLECTUAL PROPERTY RIGHTS
(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website or Device Application and in all of the material (including all text, graphics, logos, audio and software) made available on this Website or within our Device Applications.
(b) Your use of this Website or our Device Applications and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to this Website or Device Application or the Content. However, we do grant you a licence to access the Website or Device Application and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.
(c) Any reproduction or redistribution of this Website or Device Application or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
(d) All other use, copying or reproduction of this Website or Device Application, the Content, or any part of it is prohibited, except to the extent permitted by law.
13 NO COMMERCIAL USE
This Website and our Device Applications are for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this Website or Device Application. You may not use this Website or Device Application, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website.
14 UNACCEPTABLE ACTIVITY
(a) You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website or Device Application, including but not limited to:
• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
• using this Website or Device Application to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to our Website or Device Application 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, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
(b) If we allow you to post any information to our Website or Device Application, we have the right to take down this information at our sole discretion and without notice.
15 WARRANTIES AND DISCLAIMERS
(a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website, Device Application or the Content, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted or error-free or free from viruses, or that this Website or Device Application will be secure.
(b) We reserve the right to restrict, suspend or terminate without notice your access to this Website or Device Application, any content, or any feature of this Website or Device Application at any time without notice and we will not be responsible for any Loss, cost, damage or liability that may arise as a result.
(c) We expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement.
(d) We do not warrant that the Website, Device Application or any Linked Site, any of our Device Applications or files available on the site or elsewhere will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by us will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
16 MEDICAL STATEMENTS
i. The products, information, services, information and advice on forums, live chat and other Content provided on and through the Website, any Device Applications or anywhere else, including without limitation any products, information, e-mails, facsimiles, services, media, video’s, podcasts, images, audio and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment.
ii. The information provided on the Website, Device Application and Linked Sites, including without limitation information relating to medical and health conditions, products, and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this website or Device Application, including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional.
iii. You should not use the information on this Website or Device Application for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
17 LIABILITY AND INDEMNITY
i. Our total aggregate liability for any Loss, however arising, shall not exceed the GST exclusive aggregate Price paid by the Customer to us for the specific Package that gave rise to the Loss in question.
ii. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect Loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website or Device Application and/or the information or materials contained on it, or as a result of the inaccessibility of this Website or Device Application and/or the fact that certain
information or materials contained on it are incorrect, incomplete or not up-to-date.
iii. You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal or other fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference and in respect of your use of the Website, any Device Application or your violation of any law or the rights of a third-party.
18 JURISDICTION AND GOVERNING LAW
Your use of the Website and Device Application and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland and the Federal Courts of Australia.
19 GENERAL
(a) We offer a Subscription-based service allowing users (you) to access one (1), three (3) and twelve (12) month Subscription plan/s payable up front prior to the commencement of your Subscription. Note that all purchases are subject to our Terms and Conditions.
(b) All purchases via our Website or Device Application are subject to our Terms and Conditions, our Subscriptions can be purchased directly from our Website or Device Application as a “Website Purchase”.
(c) Our “Subscription” fee will apply regardless of how much or how often you access or use the Subscription plan.
(d) We use a range of third-party payment gateway providers to process your payment/s and ensure the security of your payment transaction/s, these include http://www.stripe.com or http://www.apple.com or www.paypal.com. Prior to entering your personal details, we suggest that you read and become familiar with the privacy policy for any such third-party provider.
(e) Subscriptions purchased directly from our Website are managed by Baby Sleep Magic Pty Ltd. (us), our third-party Subscription management provider www.chargebee.com, securely handles and processes the Subscription management and recurring billing functions.
(f) All our transactions are handled over SSL (secure sockets layer) and are PCI (payment card industry) and are compliant. We do not store your credit card details.
(g) If any of these Terms are found to be void, voidable or unenforceable, then that part of them shall be severed from, and will not affect or derogate from, the validity and enforceability of the remaining Terms.
(h) We may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to us.
(i) Baby Sleep Magic / Chantal Murphy (us) is a fully qualified IMPI (International Maternity & Parenting Institution) infant & toddler Sleep Specialist. Chantal provides safe and gentle sleep training methods based on her knowledge obtained during her studies, successful qualifications, and 7 + years of on-the-job experience. Chantal is first aid trained, holds a blue card and is fully covered with professional indemnity insurance and IICT insurance.
20 NUTRITIONAL ALLERGIES & RECIPES DISCLAIMER
(a) To the extent permitted by law, we shall not be liable for any allergic or other adverse reactions suffered by you or by any third parties to the recipes featured on our website, Device Application, Community Forum or Social Handles. You acknowledge that it is incumbent upon you to read the recipes and the ingredients used carefully and to notify any third party that you may be preparing the food for or sharing the food with of any components that might cause an allergic reaction, or
which might be a food type that they do not eat (whether on religious or other grounds).
21 DEFINITIONS
The following definitions apply to these Terms: -
i. Business Days means a weekday in which trading banks are open for the transaction of banking business on the Gold Coast, Queensland, Australia.
ii. Consequential Loss means Loss of expected savings, Loss of use, Loss of opportunity, Loss of profit, Loss of revenue, increased financing costs, Loss arising from delay, or any Consequential, special or indirect Loss or damage, whether or not the possibility or potential extent of the Loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise.
iii. Consultation or Consultation Booking means a request by you to purchase a Package, receive professional consultations, advice, recommendations, goods or other services from us in accordance with these Terms whether via an online or virtual platform or (for consultations or advice) in person at a nominated time, date and address.
iv. Delivery Address means the address to which the Package are to be delivered as stated on the electronic Order form on the Website.
v. Device Application/s means any online store or app-store in which the Package is contained or advertised for sale in any form, forum, medium or device (mobile, tablet, desktop or otherwise).
vi. Package means the goods, services, advice, Subscriptions, consultations, recommendations, or any other items offered for sale by Baby Sleep Magic (us).
vii. GST has the meaning provided by A New Tax System (Package and Services Tax) Act 1999 (Cth).
viii. Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
ix. Linked Site means the Website or any other site to which the Website links.
x. Loss means any expense, cost or damage of any kind and includes Consequential Loss and a fine or penalty imposed by a statutory or other authority.
xi. Package means the Baby Sleep Package (including with respect to sleep consultation) or any goods, services, advice, recommendations, or anything else supplied by us and offered to you via the Website/Device Application, including the Subscription.
xii. Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
xiii. Price means the purchase Price of each Package as specified on the Website (for the avoidance of doubt, including GST).
xiv. Subscription means the Subscription on your Device Application with Baby Sleep Magic (us) entitling you to the use of the App, the Packages, and the community forum.
xv. Terms means these terms and conditions as well as the information in any Order, as amended from time to time. xvi. Website means www.babysleepmagic.com
22. EXPECTATION AND COMMITMENT
You confirm you are aware of safe sleep practices and agree to follow these practices at all times whilst engaging and working with Baby Sleep Magic (us). Without limiting the generality of the foregoing, you agree to adhere to the below safe sleep practices:
· No items placed in the cot/bassinet.
· You agree that your child, infant or baby is developmentally on track and fit for the rigours of sleep training and we may refuse to supply (or continue to supply) any Package, Consultation or Subscription to you should this not be the case at any time;
· No comforters placed in the cot/bassinet (prior to 7 months of age);
· Does not cause or allow the child, infant or baby to sleep on their side or tummy;
· You will not share a bed with your child, infant or baby while working under the advice of Baby Sleep Magic or using the Package;
· Agree to follow safe sleeping practices in line with SIDS recommendations; and
· Will contact Baby Sleep Magic and provide follow up feedback in order for Baby Sleep Magic to provide support and recommendations.
Baby Sleep Magic (us) is not responsible for your application of the sleep solutions once the consultation has concluded.
Once the sleep consultation has concluded it is your responsibility to apply the agreed methods and solutions from us.
Baby Sleep Magic has an extremely high success rate (as outlined in our reviews) providing parents follow the proposed guidelines and are persistent and commit to the advice provided by us.
23. REPUBLICATION POLICY
(a) This republication policy provides the terms and conditions of use of Baby Sleep Magic Pty Ltd.’s (“our/we”) content on our website, Device Application, Community Forum, Instagram, Facebook, Pinterest, You Tube, Shopify and Podcasts. Please read these terms carefully. By using our forum, you confirm that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
(b) Baby Sleep Magic is delighted that you wish to share some of our content however, our republication policy extends to manage republication of our company material: website, Mobile/Tablet/Desktop Device Application “App”, Community Forum, Instagram, Facebook, Pinterest, You tube, Shopify Podcasts based or otherwise.
(c) The policy strictly prohibits copying, pasting, republishing, re-purposing or editing of our content in its entirety, or partially, without our express permission. Any misuse of our content will be unacceptable.
(d) We do not allow any material to be copied or removed and reused with exception of the three points below:
(e) You may publish 25 words or less from the original article/ page with a link to the original article/ page, without seeking our permission, only provided you include a link to the original article/ page on our site.
(f) If you republish a partial post, it must be exactly as it appears on www.babysleepmagic.com or otherwise, with all links intact.
(g) Should you wish to republish 26 words or more please contact us at: support@babysleepmagic.com.au to ask for permission to do so, before you commence any republication.
(h) We expressly reserve any additional republication rights, except insofar as specific arrangements that are made with additional publishers.
(i) Baby Sleep Magic (we) retains all intellectual property rights and style and creative rights.
(j) If you have any questions with regards to our republication policy, please email at: support@babysleepmagic.com.au before any republishing is undertaken.
24. USER GENERATED CONTRIBUTIONS
(a) You agree that by accessing our Community Forum, you have read, understood, and agree to be bound by all of these Terms and Conditions of Use.
(b) The Baby Sleep Magic Application “Device Application “may invite you to chat, contribute to, or participate in blogs, message boards, online community forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Device Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Device Application. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
(c) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
(d) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Device Application, and other users of the Device Application to use your Contributions in any manner contemplated by the Device Application and these Terms of Use.
(e) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Device Application and these Terms of Use.
(f) Your Contributions are not false, inaccurate, or misleading.
(g) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, collaborations, call outs, or other forms of solicitation.
(h) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
(i) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
(j) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
(k) Your Contributions do not violate any applicable law, regulation, or rule.
(l) Your Contributions do not violate the privacy or publicity rights of any third party.
(m) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
(n) Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
(o) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
(p) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
(q) Your contributions to not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Device Application to you.
(r) Your contributions do not upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Device Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Device Application.
(s) Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Device Application.
25. CONTRIBUTION LICENCE
(a) By posting your Contributions to any part of the Device Application or making Contributions accessible to the Device Application by linking your account from the Device Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide rights.
(b) We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Device Application. You are solely responsible for your Contributions to the Device Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
(c) We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Device Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.