TERMS AND CONDITIONS

We provide a range of goods and services.  The good and services we offer include the following, as further detailed on Our Website:

Sleep Consultations

Online Sleep Guides

Group Education Sessions

These Terms and Conditions (Terms) set out the agreement between Us and You in relation to the good and services provided to You by Us at Your request as set out in the Tax Invoice (Services).

We reserve the right to change these Terms at any time, effective from the time the modified Terms are posted on Our Website. We will endeavour to notify you of any changes to these Terms via email, or a notification on the website.

If at any time You do not agree with these Terms as modified, You must notify Us and You must stop using the Services.

By clicking “I accept” You acknowledge and agree:

(a)       You have read and understood these Terms;

(b)       to comply with these Terms as amended from time to time;

(c)       that these Terms may change and that it is Your obligation to ensure You have read, understood, and agree to the most recent Terms; and

(d)       to provide Us, and keep up to date, personal information about yourself, including your email address, and warrant that this information is accurate, correct and up to date.

If you have any questions relating to these Terms, please contact Us on hello@meglouisesleep.com.au before you agree to the Terms and use the Services, and if you do not agree to these Terms, You must not use the Services.

1.          SERVICES

1.1       We will provide the Services in accordance with these Terms.

1.2       Our Services provide You with general guides to help Your Child sleep but this does not constitute medial or health advice. We make no promise, warranty or guarantee of any specific result from the use of our Services. 

1.3       It is Your responsibility to check the Services that you have chosen to purchase, including pricing, description, inclusions and other details before you submit an order through the Website.

1.4       We will maintain Your privacy and keep confidential any sensitive personal information (including health information) that You provide to Us in the course of our provision of the Services.

2.         PAYMENT OF FEES

2.1       In consideration for the provision of the Services by Us, You will pay Us the Fees in the amounts and in the manner set out on our Website from time to time.

2.2      You acknowledge that We will not commence providing the Services until the Fees are received by Us.

2.3      We do not accept refund requests for changes of mind or other circumstances.

2.4      You must pay Us default interest on any outstanding Fees or other debts calculated at the rate of 5% per annum of the Fee for each day You are late in making payment.

2.5      Our Fees are displayed on the Website. The terms and availability of any discounts or packages will be at Our discretion.

2.6      You will be liable for all Our costs for pursuing You for outstanding Fees or debts including for the avoidance of doubt any debt collection costs and solicitor costs.

2.7      Unless otherwise specified, all amounts are exclusive of GST.

2.8      All payments using a third party payment processor may be subject to the payment processor’s terms and conditions.

3.         CANCELLATION OF SERVICES

3.1       You acknowledge that You must provide Us with at least 48 hours prior notice to the Commencement Date to cancel a booking for Our Services, failing which We will be entitled, at our discretion, to charge You 50% of the Fees.

3.2      You acknowledge that the amount retained is a genuine pre-estimate of Our loss as We will have set aside the time to provide you with Services.

3.3      If You provide Us with at least 48 hours’ notice prior to the Commencement Date, We will use Our best endeavours to find a suitable make-up consultation time. If We are unable to find a suitable time, We will provide You with a refund of the proportion of the Fees that were applicable to the Services.

4.         INTAKE FORM

4.1       You must complete and return to Us an Intake Form no later than 24 hours prior to the Commencement Date of the Services.

4.2      You warrant that the information that You provide to Us on the Form is, to the best of your knowledge, wholly correct.

4.3      A failure to comply with the requirements of this clause 4 will constitute a cancellation and We will be entitled to charge You 50% of Our Fees at Our discretion.

5.         YOUR OBLIGATIONS

5.1       You represent and warrant to Us that You are an Australian citizen or permanent resident of Australia.

5.2      You acknowledge and agree that:

(a)       You will not use any of the Services for any commercial use, advertising, or on-selling to a third party without Our express written permission;

(b)       You and Your child are healthy and fit to use our Services, and that if You have any doubts You will check with a health or medical practitioner prior to use of the Services; and 

(c)       You are solely responsible for safely and accurately implementing any recommendations We provide.

6.         SAFE SLEEP GUIDELINES

6.1       By agreeing to these Terms, You declare that You have familiarised Yourself with and will follow the Red Nose Foundation’s Safe Sleep Guidelines.

6.2      You acknowledge and agree that We make no promise, representation or warranty in relation to their currency, applicability or accuracy of the Red Nose Foundation’s Safe Sleep Guidelines. .

7.         LIABILITY AND INDEMNITY

7.1       We do not warrant or represent that:

(a)       the Services are suitable for You, Your Child or Your intended purpose, or for any particular purpose at all;

(b)       any third-party goods and services We may refer You to, recommend to You in the course of providing Services or which the provision of the Services may be contingent on, or impacted by are correct and suitable for use by You, Your Child or Your intended purpose. This includes but is not limited to the Red Nose Foundation’s Safe Sleep Guidelines;

(c)       We provide any health or medical advice whatsoever; and

(d)       any information, techniques, demonstrations or examples We provide in the Services are free from error or are up to date.

7.2      You acknowledge and agree:

(a)       any recommendations made by Us to You are specific to You and Your Child’s individual circumstances and should not be relied upon by any third party or by You in respect of any other child;

(b)       We do not provide any medical advice, treatment or diagnosis whatsoever and You acknowledge and agree that nothing 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 in relation to You and Your Child;

(c)       the Services are provided on an “as is” basis and to the extent permitted by law, use and implementations of any of the Services is at your own risk; and

(d)       You are responsible for You own safety and the safety of Your Child; and 

(e)       You are responsible for Your personal property and where We attend Your property, that property.

7.3      To the full extent permitted by law:

(a)       We exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms;

(b)       use of the Services is entirely at Your risk, and You release Us, our agents, representatives, officers, contractors and employees, from all liability whatsoever (including for any claims, loss, costs, damage, injury, death, or harm to any person or property) resulting from or connected to this Agreement, the Services or Your reliance on the Services, including claims of negligence; and  

(c)       You further indemnify Us, our agents, representatives, officers, contractors and employees, against all claims, loss, costs, damages, injury, death or harm caused to any person, including Your Child, to the greatest extent permitted at law and including any claims, loss, costs, damages, injury, death or harm resulting from Your wilful or negligent actions, except to the extent of a liability which is caused by Our wilful or negligent act or omission.

7.4      These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, We limit Our liability and the liability of Our agents, representatives, officers and employees in respect of any claim to the Fees paid for the Services.

7.5      To the extent that the limitation of liability in clause 7.4 is not possible by law, We limit Our liability, at Our option to:

(a)       the supply of the Services again; or

(b)       the payment of the cost of having the Services supplied again.

7.6      This clause 7 will survive termination of this Agreement.

8.         DELIVERY OF SERVICES

8.1      You agree and acknowledge that we may provide the Services online, over the telephone or face to face at an agreed location, or a combination of any of these.

8.2      Where we agree to attend Your property for the purpose of delivering the Services, You:

(a)       agree to allow Us, Our employees, agents or contractors access to Your property;  

(b)       warrant that Your property is safe, and You must maintain reasonable personal hygiene measures; and

(c)       accept all liability and indemnify Us and Our employees, agents or contractors from any claims or actions of any kind arising from any loss or damage to the property except to the extent of Our wilfulness or negligence or the wilfulness or negligence of Our employees, agents or contractors.

8.3      We provide no warranty that the Services will be provided to You uninterrupted, delayed or postponed (including, but not limited to, as a result of technological errors, pandemic and isolation requirements, fire, flood, act of God, disaster, terrorism) and We shall not be liable for damages suffered or loss incurred by You as a result of any delay, interruption of postponement of the Services.

9.         INTELLECTUAL PROPERTY

9.1       We retain all Intellectual Property Rights developed, adapted, modified or created by Us in the Services, including any supplementary material (including notes, recordings, or other content) that we provide to You as part of the Services.

9.2      We give You a limited, royalty-free, revocable, non-exclusive, non-transferable licence to use, for Your personal use, the Intellectual Property Rights in the Services that we provide to You for Your sole usage.

9.3      This clause 9 continues after termination of this Agreement and after the Services are provided.

10.      PRIVACY

10.1    You acknowledge and agree that we will only collect, use, store or disclose personal information as required to perform the Services and in accordance with the Privacy Laws.

10.2   By accepting these Terms, You are deemed to have read and accepted any privacy policy maintained by Us from time to time that sets out how We deal with personal information. Any privacy policy We have in place will be available on our Website.

11.       TERMINATION

11.1     These Terms terminate automatically if, for any reason, We cease to provide the Services as part of our business offering.

11.2    We may otherwise terminate these Terms immediately, or cease to give you access to the Services, on notice to you, if:

(a)       You have breached these Terms in any way; or

(b)       We consider in Our absolute discretion that it is necessary for the protection or safety of any person or property.

11.3    Termination of these Terms does not affect the accrued rights of any party up to the date of termination.

11.4    On termination of these Terms under clause 11.1:

(a)       You will remain liable for any Fees or other charges that become due and payable before the date of termination; and

(b)       You will receive a refund for any Fees or other charges that were paid by You in advance for Services not supplied by Us.

11.5    On termination of these Terms under clause 11.2:

(a)       You will remain liable for any Fees or other charges that become due and payable before or after the date of termination; and

(b)       We will cease delivery of the Services and You must cease to use the Services.

12.      MISCELLANEOUS

12.1    These Terms will be governed by, construed, and take effect in accordance with the laws in force in the Australian Capital Territory.

12.2   We will ensure that all information You provide to Us under these Terms is treated confidentially and used only for the purposes of delivering the Services.

12.3   If a dispute arises You and We agree to take reasonable steps to resolve the dispute before commencing proceedings or seeking relief.

12.4   If there is one or more of You then You will be jointly and severally liable under these Terms and Conditions and We are entitled to take instructions and communicate with one of You which shall be valid for the purposes of these Terms.

12.5    Failure by Us to exercise, or a delay in exercising, a right under these Terms does not constitute a waiver of that right or prevent its exercise.

12.6   If all or any part of any provision is judged invalid or unenforceable in all the circumstances, it shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

12.7    These Terms sets out the whole agreement between You and Us and You are not entitled to rely on any representation, statement, warranty, communications or prior agreements not set out in these Terms.

12.8   You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

13.      INTERPRETATION

13.1    In these Terms except to the extent that the context otherwise requires:

(a)       “Child” means the child or children named in the Form prior to commencing the Services;

(b)       “Commencement Date” means the date of the initial consultation between Us and You;

(c)       “Fees” means the amount excluding GST payable for the Services as set out on the Tax Invoice;

(d)       “GST” has the meaning given to that term in the GST Act;

(e)       “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth);

(f)        “Intake Form” means the intake form We provide You once You book Services with Us on the Website;

(g)       “Intellectual Property Rights” means all present and future, registered and unregistered, rights, titles and interests in intellectual property including any literary works, inventions and improvements, moral rights, trade marks, patents, concepts, designs, slogans, copyright, any corresponding property rights under the laws of any jurisdiction and any rights in respect of inventions, discoveries, trade secrets, secret processes, know-how, concepts, ideas, information, processes, dates or formulas;

(h)       “Privacy Laws” means the Privacy Act 1988 (Cth), Privacy Regulation 2003 (Cth), the Australian Privacy Principles and any other regulations introduced and as amended or varied;

(i)        “Tax Invoice” means the tax invoice We provide to You for delivery of the Services;

(j)        “Us” means Meg Louise Townsend, trading as ‘Meg Louise Baby Sleep Consultant’ ABN 30 474 215 027, and “We”, “Our” and “Ours” have the corresponding meaning; and

(k)       “Website” means https://www.meglouisesleep.com.au/.