“Me” or “My” or “I” as appropriate means Janelle Jeffery trading as Sleepytime.
“You” or “Your” as appropriate means any person/s who engages with me or to whom any Content is provided .
(Content) means all information provided by Me to You either written or verbal or both and whether paid for or not and includes but is not limited to consulting services and advice, sleep programs, Website, video material, e-books, blogs, tip sheets, reports, newsletters, logos, Facebook, and photos
(Website) refers to www.sleepytime.net.au
This Agreement is between Me and You.
Ownership of Sleepytime Content
All Content is intended for personal private use.
All Content is owned by me at all times excluding any information provided to You by Me from external third parties.
You must request and obtain written permission from Me to use any Content other than for personal private use for which the Content was intended. Such use without obtaining my written consent upon such terms and conditions as at my sole discretion I specify, will constitute a breach of this agreement and you agree to pay damages.
Subject to the clause below, You agree my liability for any claim, loss or damage under stature, common law or otherwise, including but not limited to negligence, caused by any act or omission by me, is limited to the refund of any amounts paid by You to Me pursuant to this Agreement, to the extent permitted by law. You agree that I am not liable for loss of revenue or profits, consequential, economic losses or losses of any other kind arising directly or indirectly from or in consequence of the provision of Content by Me to You.
You agree that to the extent permitted by law, all warranties, guarantees or representations, express or implied, by statute common law, or otherwise, including but not limited to the suitability or effectiveness of the Content provided to You or your child or dependent, are entirely excluded. Reliance on any Content provided by Me is solely at your own risk.
A reference by Me in any Content to any third parties, products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, association, suitability or recommendation. You must make your own assessment as to the suitability of any such references.
This Agreement constitutes the entire agreement of the parties and contains all of the representations, warranties, covenants and agreements of the Parties in relation to the supply of Content by Me to You.
Any oral statement, representation, undertaking, covenant or agreement made prior to the date of this
Agreement and not contained in this Agreement is void.
Not Medical Advice
All Content provided by Me is for informational purposes only and is intended for use with common early childhood sleep behaviour issues that are wholly unrelated to medical conditions. You agree that you will seek professional medical advice from a general practitioner, paediatrician or other qualified health practitioner regarding any matters that may require medical attention or diagnosis, prior to implementing any content provided to you. At all times You must determine the need and timeline for any medical advice for Your Child.
Any Content purchased through the website must be paid in full prior to downloading through the secure payment system provided on the Website. Once Content is downloaded no refunds will be issued.
Consulting Payments and Cancellation
You must pay for consulting services in full as per the original invoice unless specifically agreed in writing between You and Me. No services will be provided and no initial consultation will be booked without payment being made.
A) Sleepytime Sleep Program includes an “Initial Consultation” of 90 minutes duration as an in-home visit or via Skype, FaceTime or phone. The Initial Consultation requires one or both parents to be present to discuss the details of the “Written Sleep Program” and the “Implementation of the Program” process.
After the Initial Consultation and receipt of the Written Sleep Program from Me to You, You may engage Me to provide “Follow Up Support” as You implement the steps and processes as outlined in the Written Sleep Program and information provided by Me to You during the Initial Consultation. The Follow Up Support includes 4 phone calls of no more than 20minutes duration and up to 3 emails per 24hour period for a total of 14 calendar days. I will respond to each email within a 24 hour period. The commencement date of the Follow Up Support will be agreed upon during the Initial Consultation should you decide to proceed with the Implementation of the Program and Follow Up Support.
B) Sleepytime Newborn Sleep Program. “Initial Consultation” is 60 minutes duration and includes an in-home visit or via Skype, FaceTime or phone. The Initial Consultation requires one or both parents to be present to discuss the details of the “Written Sleep Program” and the “Implementation of the Program” process.
After the Initial Consultation and receipt of the Written Sleep Program from Me to You, You may engage Me to provide “Follow Up Support” as You implement the steps and processes as outlined in the Written Sleep Program and information provided by Me to You during the Initial Consultation. The Follow Up Support includes 1 phone call of no more than 20minutes duration valid for 30 days from the Initial Consultation and up to 3 emails per 24hour period for a total of 7 calendar days. I will respond to each email within a 24hour period. The commencement date of the Follow Up Support for the Newborn Sleep Program will commence within 24hours from the Initial Consultation.
C) If additional consulting services are provided by Me full payment for services are due within 2 days of the date of the original invoice.
If You cancel
1) After payment has been made and an Initial Consultation time booked, but before the Initial Consultation has occurred, you may claim a refund of 50% of monies paid by You to Me minus a cancellation fee of $75. A cancellation fee is charged as I undertake preparation of the sleep assessment and sleep program, and it is difficult to book in another client at the same allocated time.
2) After an Initial Consultation has occurred, and you have engaged Me to provide a Written Sleep Program and Follow Up Support, but the program has not yet commenced and no Follow Up Support has yet occurred, you may claim a refund of 10% of monies paid by You to Me for the Follow Up Support not provided.
3) During the Implementation of the Sleep Program and Follow Up Support, no refund is applicable if you cancel during the 14 calendar days.
You agree that the cancellation fees set out in this Agreement represent a genuine pre-estimate of loss and damage arising by reason of Your cancellation.
I am entitled to terminate services to You verbally or on written notice, at any time. After any termination by Me, any claim for a refund will be assessed and monies refunded if You are entitled to one.
If You do not provide Me with your refund details within 7 days of notification to cancel, You agree to forfeit your claim to any refund.
Interest will be due and payable on all overdue monies at 1% per month calculated daily from the due date until payment. If any monies payable to Me by You are overdue, I have the right to suspend or cancel services in their entirety at my sole discretion.
If You make any default in the payment of any sums due to Me and collection or advise is made through, or sought from, a solicitor and/or debt collection agency engaged by Me, You agree to pay all reasonable legal and/or debt collection fees, expenses, disbursements and court costs on an indemnity basis.
The Website may include a discussion forum. Any such forum shall be used only for non-commercial purposes. By using any forum, You agree not to do any of the following:
• Upload to, distribute or otherwise publish through this Website any message, information, text or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
• Upload or transmit any material that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• Upload or transmit any material that may infringe any intellectual or proprietary right of any party. By posting any material, You represent and warrant that you have the lawful right to distribute and reproduce such content;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
• Without My written permission , distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
I take no responsibility and assume no liability for any material posted or uploaded by You or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter.
I reserve the right, in My sole discretion, to remove or edit any material that violates these provisions or is otherwise objectionable. You shall remain solely liable for the material or any messages or other information You upload or transmit to the discussion forums or interactive areas of this Website.
You agree to indemnify Me and hold Me harmless from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to Your conduct, your violation of these terms and conditions, or Your violation of any rights of a third party.
I reserve the right to change any and all content contained on this Website at any time without notice.
Modification and Amendments
I reserve the right to amend at any time any policies governing this Website, including this Notice by posting the amended terms on the Website and providing notice of such amendments. The amended terms shall be effective immediately after they are initially posted on the Website. Use of the Website by You is deemed to be acceptance of these terms and conditions as amended from time to time.
Governing Law and Jurisdiction
The services provided under this agreement shall in all respects be governed and construed in accordance with the law in force in Western Australia.
The parties irrevocable and unconditionally submit to the exclusive jurisdiction of the Courts of Western Australia and Courts of appeal from them. Each party waives any right it has to object to any action being brought in those courts.