This website / mobile application (Platform) is operated by Family Centred Sleep ABN 90529473237 (we, our or us).  It is available at: www.familycentredsleep.com and mobile application Family Centred Sleep and may be available through other addresses or channels.

This agreement (this “Agreement”) sets forth the terms and conditions between Family Centred Sleep (the “Company”) and users (“you” or “your”) and governs your use of the Company’s website (the “Site”) and of the purchase or access of the Company’s services (“Services”)

Consent to site terms

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 and Conditions. 

I agree to the following:

• I agree to follow safe sleeping practices in line with the AAP safe sleep guidelines and recommendations including. I agree to notify Family Centred Sleep of any unsafe sleep practices, and understand Family Centred Sleep is not liable for my babies safety, I am.
• I agree to check with my GP if my baby has any medical conditions which prevent them from being sleep trained safely.
• I agree to disclose any medical condition to Family Centred Sleep which my baby has.
• I agree to the information surrounding my baby to be used in case studies, no identifying information will be used, all names will be changed.
• Any changes you make to your babies sleeping or eating arrangements are your decision and we at Family Centred Sleep only make suggestions for change, of which you are responsible for choosing to implement.
• I understand that my sleep plan and guide is meant for my baby and I only and should not be shared with a third party. Any party found to be sharing sleep plans and guides will be liable for the cost of the shared program.
• Cancellations less than 72 hours prior to consultation date will be refunded 50% of the fee.

Disclaimer

While we use reasonable attempts to ensure the accuracy and completeness of the Content on our Platform, to the extent permitted by law, we make no representation or warranty regarding such Content. 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 Platform 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 in the Platform 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.

We do not promise that our Platform will be error-free or uninterrupted. The Platform and Content is delivered on an “as-is” and “as-available” basis and is reliant on our third party website and mobile application providers.

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. 

• Acceptance
• Welcome! We offer a range of products and services (together the Services) to help save families from sleep deprivation, one sleep at a time!
• Our Services are available through our website, available at www.familycentredsleep.com  this is referred to as the Platform.
• By accessing or using our Platform, clicking “I accept” (or similar), you:
• confirm to us that you have reviewed these Terms and Conditions, including our Privacy Policy (available on the Platform) (Terms);
• confirm you are a parent, guardian or carer of a baby; and
• agree to use the Platform in accordance with the Terms.
• In these Terms, we, our or us means, Family Centred Sleep ABN 90529473237

Services

We may offer the following services and products all as described on the Platform:

• Sleep Programmes: (currently in digital PDF files and through our mobile application in the future) guidelines, sleep plans and guides, consultations, routines and tips to help get your baby’s sleep back on track;
• Subscriptions: to give you access to our member only content, our forum with certified sleep consultants to answer your questions and our private Facebook Group;
• Consultations: one-on-one consultations led by our certified sleep consultants either online via phone or video conference or in your home; and
• Products: including Blockout Blinds, Noise Machine and other similar products.

• Sleep Programmes
• Any order placed through the Platform for a Sleep Programme is an offer by you to purchase a Sleep Programme for the price notified at the time you place your order.
• You must pay us the purchase price of each Sleep Programme (Sleep Programme Price) as set out on the Platform at the time you place your order.
• Currently Sleep Programmes are sent to you in digital format. Once the Sleep Programme Price has been paid in full, a link to your Sleep Programme, in digital PDF format, will be available to you through a third party site or emailed to you. If you have not received your Sleep Programme within 24 hours, please email us at the address at the end of these Terms. 
• When our mobile application is up and running, once the Sleep Programme Price has been paid in full, a link to access your Sleep Programme through our mobile application will be emailed to you. If you have not received your link within 24 hours, please email us at the address at the end of these Terms.
• To access your Sleep Programme, you will need to download our mobile application from the Apple App Store or the Google Play Store and use the link to access your account.
• You acknowledge that we may decide to discontinue our mobile application at any time, in which case, we will provide adequate notice to you for you to receive the benefit of the Sleep Programme or, at our sole discretion, provide you with a refund of the Sleep Programme Price.
• Consultations
• You may book Consultations from us through the Platform by paying the consultation fee (Consultation Fee) as set out on the Platform.
• We will send you a return confirmation email if we accept your request which results in a separate binding agreement between you and us for the supply of the Consultation in accordance with the Terms.
• The confirmation email will include details of your payment, a tax invoice and further details about what to do next. We will contact you to set up a time for the Consultation.
• If we come to your home for a Consultation, you agree to ensure that access to your home is free from harm or risk to health or safety.
• A link will be provided to you via email to download purchased Products as soon as payment is made.
• At the time of making payment for our Services you will have to complete an intake form. It is your responsibility to provide accurate and up to date information in the intake form.
• Once we receive a completed intake form, we will provide a personalised sleep plan for your child. This plan is personalised and will not apply to all children generically. As such, the plan should not be shared with anyone else.
• If you have purchased one of our Services that involve multiple appointments, you will be provided with Google Calendar invites with your sleep specialists availability. It is your responsibility to choose and confirm the appointments during your support.
• Any Services or products provided by us are subject to these Terms.
• We will attempt to contact you three times during our support period, if we have had no response during this time
• Rescheduling and Cancellation of Consultations

Your Consultation will be scheduled between you and us in advance for a mutually agreeable time. Either party may reschedule a scheduled Consultation by providing the other party with at least 1 Victorian business days’ notice prior to the scheduled start to the Consultation. If you provide us with less than 2 Victorian business days’ notice that you would like to reschedule your Consultation, we may not be able to accommodate you and you will not be refunded the Consultation Fee. You acknowledge that the amount retained is a genuine pre-estimate of our loss as we will have set aside the time to speak to you and our time is valuable. If you cancel a Consultation, there will be no refund of the Consultation Fee.

• Products
• You may order Products from us as set out on the Platform. Any order placed through the Platform is an offer by you to purchase a particular Product or Products for the Product Price at the time you place your order.
• We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
• Each order that we accept results in a separate binding agreement between you and us for the supply of Products in accordance with the Terms.
• You must pay us the purchase price of each Product you order plus any applicable GST or delivery costs based on the delivery options selected by you as set out on the Platform (the Product Price).
• When you order and pay on the Platform and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
• All purchases made through the Platform are subject to availability. We do our best to keep Products in stock and to keep the Platform up to date with the availability of Products.
• We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if Products ordered were subject to an error on our Platform (for example in relation to a description, price or image).
• We normally dispatch Products within 2 Victorian business days of receiving an order, unless otherwise noted on the Platform. However, any delivery periods displayed on the Platform are estimates only, based on the information provided by the delivery company.
• Title to the Products will remain with us until you have paid the Product Price in full in accordance with the Terms. Risk in the Products will pass to you as soon as they are delivered to the delivery address you provided in your order.
• General payment terms
• All payments (including the Sleep Programme Price, Subscription Fee, Consultation Fee and Product Price – together the Fees) must be made via one of the payment methods set out on the Platform including our payment processor, (please note the payment processor may change from time to time). You authorise us to debit your payment method, when you order a Sleep Programme, Consultation or Product, or on each relevant Payment Date for your Subscription Fee as long as the Subscription is ongoing, in accordance with the above payment clauses. Payment of any amounts using a payment processor may be subject to the payment processor’s terms and conditions.
• 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 Platform. We do not accept refunds for any Services for change of mind or other circumstances.
• To the extent permitted by law, once paid, Fees are non refundable.
• Unless otherwise stated on the Platform, all Fees are stated in Australian dollars and are inclusive of GST.
• 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. You are 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.
• It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You may update these at any time by contacting us at the details provided below.
• Gift vouchers
• Gift vouchers can be purchased from us on the Platform in Australian dollars and may be used only for purchases on the Platform.
• Purchased gift vouchers will be sent to you or your recipient by email. The gift voucher will include a unique code which will be required to redeem the gift voucher. The unique code on a gift voucher should be treated as cash and cannot be replaced if lost or stolen. We are not responsible if a third party uses your gift voucher unique code.
• If the amount of your gift voucher does not cover the total Fee, you will need to pay the remainder of the purchase by another payment method.
• Gift vouchers are not redeemable for cash and cannot be returned for a cash refund or exchanged. You cannot purchase a new gift voucher 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.
• Our gift vouchers expire 3 years from the date of issue by email. It is your responsibility to keep track of the expiration date. We will not send you any reminders of when your gift voucher will expire.
• We reserve 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 products and/or services on the Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued. We may also from time to time run competitions on the Platform or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Platform at the time of the competition.
• Intellectual property
• All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our resources including our Sleep Programmes, videos, webinars, guides, tools, tips and email communication with us or other materials (including in connection with the Terms, the Platform and our Services) will at all times vest, or remain vested, in us. Our intellectual property described in this clause and the User Content is referred to in these Terms as Content.
• We give you a limited, revocable, non-transferable licence to use, for your personal use, the Content we provide to you as part of our Platform or our Services.
• This clause will survive termination of these Terms.
• You are not permitted to share any part of the personalised guides or general Sleep Programmes.
• Exclusions
• You must not access or use the Platform, the Content or our Services except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Platform. Without limiting the foregoing provisions, you must not and must not permit any other person to:
• reveal your Subscription account password to others or allow others to use your Subscription account or your Sleep Programme;
• resell, assign, transfer, distribute or provide others with access to the Platform or any Content from the Platform (including publishing or posting our Content on any other website or on social media pages);
• “frame”, “mirror” or serve any of the Platform on any web server or other computer server over the Internet or any other network;
• copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Platform or any resources from the Platform;
• alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Platform or any resources from the Platform;
• use the Platform or any resources from the Platform in any way which is in breach of any applicable local, state, federal and international laws and regulations or which infringes any person's rights, including intellectual property rights;
• use the Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
• use the Platform in any way that damages, interferes with or interrupts the supply of the Platform;
• introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks, including viruses, worms, trojan horses and e-mail bombs;
• use the Platform to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
• use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platform or any resources from the Platform;
• send any unsolicited email messages through or to users of the Platform in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Platform in breach of any person’s privacy (such as by way of identity theft or “phishing”); or
• use the Platform to circumvent user authentication or security of any of your networks, accounts or hosts.
• This clause will survive termination of these Terms.
• Limitations
• Despite anything to the contrary, to the maximum extent permitted by law:
• our maximum aggregate liability arising from or in connection with the Terms will be limited to, and must not exceed, the portion of the Fees paid by you to us during the three-month period immediately preceding the subject of the relevant claim; and
• we will not be liable to you 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, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

• Despite anything to the contrary, to the maximum extent permitted by law, and without excluding your Statutory Rights, we will not be liable for, and you waive and release us from and against any Liability caused or contributed to by, arising from or connected with:
• your acts or omissions;
• any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
• any works, services, goods, materials or items which do not form part of the Services (as expressed in these Terms), or which have not been provided by us;
• any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Services may be contingent on, or impacted by;
• unavailability or errors in the Platform, or any delay in us providing the Services to you, for whatever reason;
• any event outside of our reasonable control; or
• any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to our Services or the Content.
• This clause will survive termination of these Terms.

• Australian Consumer Law
• Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL.  Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
• Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
• You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
• Where you return the products to us to seek an ACL remedy, you will need to cover any associated costs (for example delivery costs) of you returning Products to us.
• Where your claim is a valid claim under the ACL, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement Product or refund you the Purchase Price of the relevant Product. Please contact us for further information.

• Refunds 

• We do not provide any refunds on our Products or Services except for in accordance with the consumer guarantees provided under the Australian Consumer Law.

  If you wish to cancel or reschedule any appointment related to our Services within one week of the scheduled appointment, we are unable to provide a refund or reschedule the appointments unless covered by the consumer guarantees provided under the Australian Consumer Law.

  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.

• Customer Responsibility

  You are responsible for

  1. informing us of any medical conditions that your child may suffer from, particularly those that could impact the ability of sleep training. In this instance, we may require you to provide us a clearance from your child’s practitioner that it is safe for your child to undertake any sleep training. Not providing complete and detailed information in the intake form is a breach of these Terms.
  2. obtaining advice from your child’s medical practitioner whether it is safe for them to receive sleep training.
  3. following all advice from your child’s medical practitioner that may conflict with any advice provided by us and advise us of any such conflict
  4. any impact on your child of you choosing not to follow our advice
  If during the provision of our Services, your child becomes ill, you need to provide us an update of the same within 48 hours. We can hold our Services for up to 45 days in the case of your child’s illness.
  
  During our support period we will attempt to contact you three times in the event of no response, if no communication is received we will assume our services are no longer required and deemed complete.

• Termination
• We may monitor your use of the Platform to determine if you are in breach of these Terms (including by checking the frequency and nature of any downloads and the time of access and IP addresses used to access the Platform).
• We may immediately suspend, terminate or limit (at our discretion) your access to and use of the Platform if we reasonably suspect, including as a result of our monitoring of your use of the Platform, that you are in breach of these Terms and the breach cannot be remedied or is not remedied within 5 Victorian business days of us notifying you of the breach or suspected breach.
• Collection Notice
• We collect personal information about you in order to provide you with our Services (i.e your name, email address, delivery address and other information to enable you to access and use our mobile application, to dispatch Products you have ordered from us and provide our Consultations to you), to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
• We may disclose that information to third party service providers who help us deliver our Platform including information technology service providers, data storage, web hosting and server providers, professional advisors, payment systems operators and our business partners or as required by law. If you do not provide this information we may not be able to provide our Services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
• Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
• By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
• Notice regarding Apple
• To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
• Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
• If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
• Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
• Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
• You agree to comply with any applicable third-party terms when using our mobile application.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
• You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
• General
• This clause will survive termination of these Terms.
• Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
• No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
• Competitors: You are prohibited from using our Platform, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
• Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Subscription and stop using the Platform.
• Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 Victorian business days in the case of post, or at the time of transmission in the case of email.
• Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
• Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
• Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
• Governing law: These Terms are governed by the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Platform may be accessed in Australia and overseas. We make no representation that the Platform complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Platform.

For any questions and notices, please contact us at:

Family Centred Sleep ABN 90529473237

Email: emily@familycentredsleep.com

Last update: 25 July, 2023

Services: The sleep consultant, Family Centred Sleep, will provide professional advice and guidance to assist the client in improving their sleep habits and resolving any sleep-related issues.

Payment: The client agrees to pay the sleep consultant for their services according to the agreed-upon rate and payment schedule. Payment is due in full at the time of service or as otherwise specified in the contract.

Cancellation policy: The client agrees to give the sleep consultant at least 24 hours' notice if they need to cancel or reschedule an appointment. If the client fails to give the required notice, they may be charged a cancellation fee.

Confidentiality: The sleep consultant agrees to keep all information provided by the client confidential and not to disclose any such information to third parties without the client's written consent.

Liability: The sleep consultant is not responsible for any injury, loss, or damage to the client or their property resulting from the client's use of the sleep consultant's advice or services.

Limitations of service: The sleep consultant is not a medical doctor and does not diagnose or treat medical conditions. The client acknowledges that the sleep consultant's services are not a substitute for medical advice and should not be used as such.

Termination: Either party may terminate the contract at any time for any reason with written notice.

Governing law: The contract will be governed by the laws of the state or country where the sleep consultant is located.

Entire agreement: The contract represents the entire agreement between the client and the sleep consultant and supersedes all prior negotiations, understandings, and agreements.

Amendments: The contract may be amended or modified only in writing and signed by both parties.