Terms and Conditions

Who we are

These Terms and Conditions (Terms) govern the customer's (you or us) use of products, services and suggestions (hereafter together called 'Services') provided by Ashlee Kate Sheedy, trading as TCS The Sleep Coach (we, us or our) and form a binding contractual agreement between you and us.

Use of Services

You must use the Services promptly after we provide them. The services that we provide you are formulated for a child's specific age. The services provided for a specific age will quickly become redundant as your child progresses. Delaying your use of and engagement with the services causes us additional work in reformulating the services.

You warrant that, within 14 days of payment, you must actively engage with us and provide all information necessary to allow us to provide the Services (as determined by us, acting reasonably). In this respect time is strictly of the essence. If you breach the warranty above, we will accept your payment in satisfaction of the services that we have provided and terminate your agreement with us. If you wish to re-engage with our services at a later date, we may agree to enter a new contract with you, but same will always be subject to payment of a further fee.

Acceptance of terms

By accessing, downloading or using the products and services offered on our Site, engaging us or seeking our suggestions, whether or not you register as a member, or purchase any other product or service, you agree to be bound by these Terms.

We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes.

General payment terms

All payments must be made via the payment methods set out from time to time on our website. You authorise us to debit your payment method, when you order a Service. Payment must be paid in full prior to the service commencing.

It is your responsibility to check the Services you have chosen, including pricing, description, inclusions and other details before you submit your order. We do not offer refunds in absence of some fault on our behalf.

Unless otherwise stated, all Fees are stated in Australian dollars and are exclusive of GST. You agree to pay GST in addition to any fees.

User Generated Content

By making any content, including personal information available on or through our website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such content on, through any means usual as a part of our business. For the avoidance of any doubt, this clause will survive termination of these Terms, our engagement and any contract we have with you.

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 e-books, videos, audio files, guides, tools, strategies, and email communication with us or other materials (including in connection with the Terms and Services) will at all times vest, or remain vested, in us. You acknowledge that you do not acquire any ownership rights by using the Site or our services.

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 Services.

Your warranties

You warrant to us that you will never:

Use our service, content or Website for any commercial purpose including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us;
copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance our content or Services.
reveal your account password to others or allow others to use your account, resell, assign, transfer, distribute or provide others with access to our content or our Services including parts of our website that are protected by password;
frame or mirror or serve any of our content, website or services on any web server or other computer server or over the Internet or any other network;
use our website or any resources from the website in any way which is in breach of laws or regulations or which infringes any person's rights, including intellectual property rights;
use our website to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
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; and
access or use our website, content or our Services except as permitted by these Terms.

General disclaimer, Limitation of liability and ACL

Our products and services are intended for general education and information purposes only. Nothing on our website, or any of the services provided to you by us purports to offer medical, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

We provide support, guidance, strategies and tools for you to set goals, and achieve results in relation to your child’s bedtime behaviours, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your routines, environments, family situation as well as your child’s attributes, temperament and personality.

You acknowledge and agree that we are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

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, you indemnify us 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;
unavailability or errors in our website, 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.

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/ or 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.

Termination

We may monitor your use of our services, including our websites to determine if you are in breach of these Terms.

We may immediately suspend, terminate or limit (at our discretion) your access to and use of the website if we reasonably suspect, including as a result of our monitoring of your use of the website, that you are in breach of these Terms.

Privacy Notice

We collect personal information about you in order to provide you with our Services.

We may disclose that information to third party service providers who help us deliver our Services 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.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

General

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 NSW, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.