Products & Services
Our Sleep Solutions Online Courses One-on-One Consultations Snooze Social Community
Resources
Blog Exclusive Discounts
Free Masterclass
About Get In Touch

TERMS AND CONDITIONS

Ā 

TERMS AND CONDITIONS OF USE OF THIS WEBSITE AND PRODUCTS

About

Welcome to The Sleep Concierge (the Website), operated by The Sleep Concierge (we, us). The Website provides the User (User, you) with an opportunity to browse, purchase and participate in our consultation sessions and browse and purchase our products (the Services).

Through the Services, you are able to opt in for one-to-one consultations (the Consultations), one-to-one extended support packages (Support Packages) or our sleep guides or courses that allow you to view online written content, videos, tools and templates which will provide you with the skills, knowledge and understanding of helping your babies get better sleep (the Sleep Guides) (together the Products).

Access to and use of the Website, or any of its Products, is provided by The Sleep Concierge.

Acceptance of these Terms

Please read these terms and conditions (the Terms) carefully. By using, browsing, signing up to and/or making payment through the Website, this signifies that you have read, understood and agree to be bound by the Terms. You may also accept the Terms by clicking 'I Accept' or 'I Agree' to the Terms where this option is made available to you by The Sleep Concierge in the user interface of the Website. If you do not agree with the Terms, you must cease use of the Website and the Services immediately.

If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of the company and bind the company to these Terms.

You may not use the Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with The Sleep Concierge; or
  • you are a person barred from receiving the Services under applicable laws.

By engaging The Sleep Concierge or purchasing the Products, you acknowledge and understand that The Sleep Concierge does not provide you with any specialist, professional or technical advice which includes but is not limited to legal, accounting, financial planning or tax advice. For further information, please read the Terms carefully.

The Sleep Concierge reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Sleep Concierge updates the Terms, it will use reasonable endeavors to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. The access and use of the Website by you after The Sleep Concierge makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and Services immediately.

Services

By The Sleep Concierge offering its Service to you, you agree and acknowledge that:

  • unless otherwise stated, all amounts are listed in United States Dollars (USD);
  • The Sleep Concierge does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Service or the Products;
  • you will remain solely responsible for assessing the implications and risks of using the Services and Products;
  • you must use the Services and Products for your own personal use;
  • we reserve the right to terminate your access to the Services at any time at our sole discretion and absolute discretion;
  • the Sleep Guides, the Consultations, the Support Packages, the Products and the Services are no substitute for medical advice, and we do not guarantee against injury or death in the event of utilizing any strategies taught in the Sleep Guides material or the use of our Products; and
  • these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.

You acknowledge that The Sleep Concierge has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms.

User Obligations

As a User, you acknowledge and agree that:

  1. you will comply with the Terms and any Sleep Guides guidelines;
  2. you will use the Website and the Services only for the purposes that are permitted by:
    • the Terms;
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  3. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Sleep Concierge providing the Services;
  4. you must not:
    • use the Services or Website for any illegal and/or unauthorized use;
    • provide false information including false names, address and contact details;
    • use the Website unlawfully or in a manner that violates any applicable laws;
    • hack into any part of the Website;
    • interfere with the servers or networks connected to the Website;
    • act in a way that is unlawful, harassing, threatening, abusive, or discriminatory;
    • copy or reproduce any Sleep Guides;
    • resell or upload to another website any part of the Sleep Guides;
    • resell the Sleep Guides and any videos, written content, tools and templates provided.

Payment

When purchasing the Sleep Guides and/or the Consultations through the Website, you agree to the payment of the purchase price set out on the Website for the Sleep Guides and/or the Consultations (the Purchase Price) along with any applicable taxes and fees. All prices are listed in United States Dollars (USD) unless otherwise specified.

The Sleep Concierge reserves the right to change or alter the Purchase Price at any time, at their sole discretion, and without notice.

Payment of the Purchase Price may be made through Kajabi Payments, Apple Pay, Google Pay, PayPal or other approved payment methods (the Payment Gateway Provider). In using the Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.

Following payment of the Purchase Price being confirmed by The Sleep Concierge, you will be issued with a receipt to confirm that the payment has been received and The Sleep Concierge may record your purchase details for future use.

Non-Payment

In the event you elect to pay the Purchase Price by way of direct debit and/or credit card and there is a chargeback by your credit provider, The Sleep Concierge may suspend or terminate the Services immediately. You agree to pay 2% plus the applicable base interest rate on amounts which remain unpaid after thirty (30) days from the payment due date.

You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

The Sleep Concierge reserves the right to terminate or suspend your access to the Services in the event that you fail to pay any payment pursuant to the Services.

Privacy

The Sleep Concierge is committed to protecting your privacy as a user of our Website, Services and Products. We comply with applicable data protection and privacy laws in the jurisdictions where we operate, including but not limited to the General Data Protection Regulation (GDPR) where applicable. Please read our Privacy Policy carefully to understand how we collect, use, protect and handle your personal information.

For users in the European Economic Area (EEA), we adhere to GDPR requirements regarding the collection, use, and retention of personal data. For users in California, we comply with the California Consumer Privacy Act (CCPA) requirements.

By using the Website, creating an account and/or accessing the Services, you consent to the collection, disclosure, use and storage of your personal information pursuant to our Privacy Policy and applicable data protection laws.

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:

  • The pseudonymization and encryption of personal data where appropriate
  • The ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services
  • The ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident
  • A process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing

Intellectual Property Rights

Intellectual Property Rights means all intellectual property rights and proprietary rights (whether registered or unregistered) including but not limited to: any processes, formulae, technology, systems, reports, drawings, specifications, computer software (including source codes and object codes), blue-prints, patents, discoveries, inventions, improvements, trade secrets, technical data, research data, know-how, logos, registered and unregistered trade marks and service marks, registered and unregistered designs, design rights, rights in circuit layouts, copyright and the right to keep confidential information confidential and any other rights in the nature of intellectual property rights.

The Website, the Services, the Products and all of the related documents, materials, products and services of The Sleep Concierge (the Material) are subject to Intellectual Property Rights. Unless otherwise indicated, all Intellectual Property Rights in the content and compilation of the Materials are owned or controlled by The Sleep Concierge or its contributors.

You acknowledge and agree that The Sleep Concierge exclusively and unconditionally owns all Intellectual Property Rights in all the Materials.

The Sleep Concierge does not grant you any other rights whatsoever in relation to the Material. All other rights are expressly reserved by The Sleep Concierge.

The Sleep Concierge grants you a revocable, limited, non-exclusive, royalty free license to access and use the Services for personal, non-commercial, educational purposes pursuant to these Terms and conditional upon the payment of the Purchase Price. You may read and copy the Material to the extent necessary to use the Services, but you may not publish, resell or sub-license it.

Third Party Website and Content

The Sleep Concierge may contain links to other websites (Third-Party Websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (Third-Party Content).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk.

Review Guidelines

When posting a review, you must comply with the following criteria:

  1. you should have firsthand experience with the person/entity being reviewed;
  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  3. your reviews should not contain discriminatory references;
  4. your reviews should not contain references to illegal activity;
  5. you should not be affiliated with competitors if posting negative reviews;
  6. you should not make any conclusions as to the legality of conduct;
  7. you may not post any false or misleading statements;
  8. you may not organize a campaign encouraging others to post reviews.

We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

Customer Solicitation

Unless you notify The Sleep Concierge, you are agreeing to continue to receive further emails from The Sleep Concierge and its designated in-house or third party team(s).

We provide two easy ways to opt out of future solicitations:

  1. you may use the opt out link found in any email solicitation that you may receive;
  2. you may also choose to opt out by sending your email address to our designated contact email.

General Disclaimer

You acknowledge and agree that The Sleep Concierge does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Sleep Guides, Consultations and all other Products other than provided for pursuant to these Terms.

The Sleep Concierge does not provide any guarantees as to:

  • the quality of the Sleep Guides, Consultations and/or Products purchased
  • your success by your reliance on the information provided
  • any outcomes or results from use of the Products

Using the Website, Services, Sleep Guides, Consultations or purchasing any Products is at your own risk. The Website, Services, Sleep Guides and Products of The Sleep Concierge are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind.

Limitation of Liability

You acknowledge and agree that The Sleep Concierge, its affiliates, employees, agents, contributors, third party content providers and licensors will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, which may be incurred by you.

The Sleep Concierge's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms.

Force Majeure

Force Majeure means a circumstance beyond the reasonable control of a party which results in that party being unable to observe or perform an obligation on time under these Terms. Such circumstances include but are not limited to:

  • acts of God, natural disasters
  • acts of war, terrorism, civil commotion
  • disease and pandemic
  • failure of internet and telecommunication services

Dispute Resolution

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Both parties agree to:

  1. Notify the other party of any dispute
  2. Attempt to resolve the dispute through direct negotiation
  3. Engage in mediation if direct negotiation fails
  4. Share the costs of mediation equally

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the dispute arises, without giving effect to any principles of conflicts of law.

Contact

If you wish to contact us about anything relating to these Terms, please use our designated contact channels as specified in our Website.

Last updated:Ā November 2024