TERMS AND CONDITIONS
FOR OUR CONSULTATIONS
Welcome to Infant Sleep Australia!
In these terms, we also refer to Melbourne Infant Sleep Pty Ltd ABN 33 651 359 821 operating as Infant Sleep Australia as “our”, “we”, or “us”.
And you, are you!
What are these terms about?
These terms apply when you sign up for our consultation services through our website (or otherwise), being https://www.infantsleep.com.au/ and any other websites we operate with the same domain name and a different extension (Website) or otherwise engage our services in any way including offline or in person.
There may be some parts of these terms that only apply to online Consultations, and some parts that only apply to offline Consultations.
Key Words used in these terms
To make it easier for you to understand the terms where we provide you with Consultations, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.
When we say “Consultations”, we mean our resources and any of the services provided during the consultations (whether online or offline) (the Services).
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Acceptance of these terms
Before you sign up for our Services, or otherwise engage with the Services, please carefully read these terms. If you don’t agree to these terms, this is not the right service for you. By booking a Consultation, or otherwise proceeding to engage with the Consultations, you agree to be bound by these terms.
You acknowledge and agree that these terms will apply to all future bookings of the Services and Consultations without needing to be accepted again.
DISCLAIMER
Infant Sleep Australia is run by Dr Fallon Cook (BSci. (Hons), PhD) and Dr Laura Conway (BA.(Hons), PhD). Dr Cook and Dr Conway provide consultations and general information on paediatric sleep and settling, and the many methods you might choose from to improve sleep based on learnings, training and personal experience.
You understand that Dr Cook and Dr Conway and Infant Sleep Australia are not acting in the capacity of a medical doctor, psychiatrist, psychologist or other licensed or registered health professional, and that any advice given by Dr Cook and Dr Conway and Infant Sleep Australia is not meant to take the place of advice by these professionals.
We cannot diagnose or cure any health condition. We can give you advice on paediatric sleep and settling.
Before making any changes to your or your child’s mental health, physical health or otherwise, seek medical advice to evaluate any risks. Individual results may vary and cannot be guaranteed.
(a) (Not a doctor) Infant Sleep Australia does not provide medical advice, and none of its staff are medically trained.
(b) (Not medical advice) Any recommendations or advice on the Website or in the Services are Infant Sleep Australia’s solutions or remedies of what actions you may take and should not be taken as medical advice. If you have concerns about a medical or physical condition, we recommend you first seek the advice of your medical practitioner.
(c) (No responsibility) To the maximum extent permitted by law, we accept no responsibility from any adverse effects from using the information on our Website or in the Services.
(d) (Personal Responsibility) You are responsible for ensuring the Services are right for you. We make no representation or guarantee that our Services will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Services you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to your physical or mental health or otherwise by you are done so at your own risk. By not seeking appropriate professional medical advice, you accept the risk that the information contained in our Services may not meet your specific needs, circumstances or goals. You understand that Dr Cook and Dr Conway and Infant Sleep Australia are not acting in the capacity of a medical doctor, and as such cannot be responsible for any health issues that occur while you are using the Services and you release Infant Sleep Australia from all and any claims in relation to any issues that may occur.
(e) (Online services) Where we provide you with online services, we will not be responsible for any technical or data issues.
(f) (Australian law) Whilst we are very happy to see clients from all over the world (excluding the United States of America or its territories or protectorates) please be aware that Infant Sleep Australia is based in Australia and this agreement is governed by the laws of Australia. Infant Sleep Australia cannot be responsible for any issues that occur due to international laws or regulations, and you release Infant Sleep Australia from all and any of these claims.
If you are unsure about anything in our Services, or participating in our Services, we encourage you to seek medical advice or in an emergency call 000 in Australia or contact your treating general practitioner or emergency department at a hospital.
1 Services
1.1 Services
Details of all our Services are available on our Website. Our Services are provided either online (Telehealth Consultation) or offline as part of an in person consultation (In Person Consultation). The type of Consultation can be chosen when making a booking for the Services online.
1.2 Eligibility
(a) By booking the Services via the Website or otherwise engaging us to provide you with the Services, you:
(i) agree to be bound by these terms;
(ii) are authorised to use the credit or debit card to purchase the Services, where applicable;
(iii) represent and warrant that you are not located in the United States of America and you are either:
(A) over the age of 18 years and accessing the Services for yourself; or
(B) under the age of 18 years and have your parent or guardian’s permission to access the Services.
(b) If you are using the Services and are under the age of 18 you must have the consent of your parent and/or legal guardian in order to receive the Services.
2 Booking a consultation
(a) We use third-party booking services called Cliniko and Acuity to allow you to make bookings for the Services (Booking Apps).
(b) To engage us to perform the Services, you must book an appointment with us via the Booking Apps (Booking Request).
(c) Submitting a Booking Request constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount displayed when submitting the Booking Request (Fee). A contract is not formed until you receive an email from us confirming your Consultation.
(d) By using the Booking Apps, you agree that the terms and conditions and policies of Cliniko or Acuity, depending on your choice of platform, apply to our provision of the Booking Apps to you, and your use of the Booking Apps, which can be accessed here for Cliniko and here for Acuity.
(e) We accept no responsibility for any failure of the Booking Apps that limits or otherwise affects your ability to make an Appointment. However, if you do encounter any issues, please contact us and we will work with Cliniko or Acuity to resolve the issue.
(f) Consultations will be for up to your allocated time, usually being 25 minutes or 50 minutes, or as otherwise communicated to you. You acknowledge that from time to time, Consultations may be shorter than 50 minutes if we consider in your circumstances that the time is not necessary for the type of Services required by you. In such case, you will not be reimbursed for this partial time of the Consultation unused.
3 Attending your consultation
3.1 Telehealth consultation
(a) If the Services are provided in real time online, they will be delivered electronically and accessed via a third-party app that we use from time to time and that are currently either Cliniko Telehealth Software, Zoom, or via telephone (Apps).
(b) There will be no additional fees payable to us for using the App, other than any fee applicable to downloading any applications from any app store.
(c) The Apps we use are third-party apps and are subject to additional terms and conditions. By using the Apps you will be bound by this clause and the Third Party Terms in clause 8.
(d) The Apps are powered by a third-party platform and the terms and conditions of that third party may apply to your use of the Apps to the extent applicable to you. Those terms can be accessed here for Cliniko Telehealth Software, Zoom, or via telephone.
(e) To the maximum extent permitted under applicable law and our agreement with our app provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Apps or any issues experienced in using the Apps including downtime and the Apps not functioning adequately.
(f) You agree that it is your responsibility to check that the computer and internet service being used to access the Services is adequate to access the Telehealth Consultation.
(g) We will not be liable to you if the Services may not be provided as a result of any technical issues including but not limited to:
(i) the operation of the internet, including but not limited to viruses;
(ii) any firewall restrictions that have been placed on your network or the computer you are using to access the Telehealth Consultation;
(iii) failures of telecommunications links and equipment; and
(iv) software and browser incompatibility.
3.2 In person consultation
(a) If our Services are conducted in person, we will provide you with the address in which they shall be conducted prior to the booking date.
(b) You must ensure that you arrive 10 minutes before your Consultation time. You acknowledge that if your In Person Consultation commences late due to your late arrival, the scheduled Consultation may not be able to continue past your allotted Consultation time. No refunds will be provided in such instances.
3.3 Rescheduling or cancelling an appointment
(a) You must ensure that at the time of making a Booking Request you give careful consideration to the time zone of the Consultation time.
(b) If you cancel a Consultation more than 48 hours before the Consultation time, an administration and processing fee of $20.00 will be retained by us.
(c) If you cancel a Consultation less than 48 hours before the Consultation time, a cancellation fee equal to 50% of the total fees paid by you will be retained by us.
(d) If you do not attend your Consultation without prior notice to us, you will be charged the total fees and you will not be provided with a refund.
(e) If the Services are for a Telehealth Consultation and you do not respond to our attempt to connect with you at the Consultation time, we will wait approximately 15 minutes. If we are still unable to connect with you upon making a second attempt, the Telehealth Consultation will be considered as missed and you will not be entitled to a refund.
4 Your obligations
4.1 PROVIDE INFORMATION AND LIAISON
(a) You must provide us with all documentation, information and assistance reasonably required us to perform the Services.
(b) You agree to attend any scheduled Consultations. If you cannot attend any scheduled Sessions you give us the required notice as above.
4.2 COMMUNICATION AND ACCESS
(a) Where the Services are being provided via a Telehealth Consultation, you must ensure that you have access to a computer and a stable internet connection to be able to receive the Services.
(b) Irrespective of whether the Services are being provided via a Telehealth Consultation or In Person Consultation, you must ensure that you arrive to the scheduled Consultation on-time. You acknowledge and agree that we may not be able to adjust our appointment times if you are late, so you will not be provided any additional time.
4.3 COMPLIANCE WITH LAWS
You warrant that by receiving or requesting the Services, or during receiving or requesting the Services, you will not:
(a) breach any applicable laws, rules and regulations (including any applicable privacy laws and any relevant industry codes) (Laws);
(b) do anything which may cause Infant Sleep Australia to breach any Law;
(c) breach the direction of any government department or authority; or
(d) infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.
5 Payment
(a) You must pay any fees in the amounts and at the times set out on our Website or as otherwise agreed in writing with you.
(b) Unless otherwise agreed in writing:
(i) if we issue an invoice to you, payment must be made by the time specified in such invoice; and
(ii) in all other circumstances, you must pay for all Services on Infant Sleep Australia providing you with the Services.
(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers (Payment Providers) such as Acuity Scheduling to collect payments for the Services. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible https://www.squarespace.com/terms-of-service and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (late payment) If you fail to pay any amounts due to us under an invoice by the specified due date, we retain the right, without limiting any other rights under these terms, to charge you interest at a rate of 10% per annum on the outstanding amount. However, before applying this interest, we will provide you with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by us.
(g) (refunds) Without limiting any protections you have under the Australian Consumer Law, once paid for, all Services are non-refundable.
6 Collection notice and privacy
(a) We may collect personal information about you in the course of providing you with our Consultations, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) Our Privacy Policy https://www.infantsleep.com.au/privacy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(c) By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy Policy.
7 Intellectual property
7.1 OUR IP
(a) Intellectual Property Rights in the Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
(b) You will not under these terms acquire Intellectual Property Rights in any of Our IP.
7.2 DEFINITIONS
For the purposes of this clause 7:
(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
8 Third party terms
(a) To provide you with the Services, we may use goods or services provided third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms), including Cliniko, Acuity Scheduling, and Zoom.
(b) Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of the Services.
(c) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Services.
(d) You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Services and you will need to cancel in accordance with this agreement.
9 Notices
(a) A notice or other communication to a party under these terms must be:
(i) in writing and in English; and
(ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
10 Warranties
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
11 Liability
11.1 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 11.1(a), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the value of the Fees paid for the Services.
(b) Clause 11.1(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clause 4.3.
11.2 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
12 Dispute resolution
(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
13 Termination
13.1 TERMINATION FOR CONVENIENCE
Either party may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party.
13.2 TERMINATION FOR BREACH
(a) Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.
(b) A “Breach” of this agreement means:
(i) a party considers the other party is in breach of this agreement and notifies that other party;
(ii) the other party is given 10 Business Days to rectify the breach; and
(iii) the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
13.3 EFFECT OF TERMINATION
Upon termination of this agreement:
(a) any Fees paid are non-refundable;
(b) each party must comply with all obligations that are by their nature intended to survive the end of this agreement; and
(c) each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.
14 General
(a) (Governing law & jurisdiction) These terms is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(b) (waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(c) (severance) Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
(d) (joint & several liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
(e) (assignment) You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
(f) (costs) Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
(g) (entire agreement) These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(h) (interpretation) In these terms, the following rules of interpretation apply
(i) (singular and plural) words in the singular includes the plural (and vice versa);
(ii) (gender) words indicating a gender includes the corresponding words of any other gender;
(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(iv) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(v) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(vi) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(vii) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(ix) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(x) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.