These terms of business (“Terms”) apply in respect of the services (“Services”) to be performed by Us (“Hush Baby Sleep” or “We”) for You (“Client”)

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Hush Baby Sleep offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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By visiting our website and/or utilising our services, you agree and accept all the terms and conditions outlined below. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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Services

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In engaging with Hush Baby Sleep for Services, You agree to the following.

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• Follow safe sleeping practices in line with Sudden Infant Death Syndrome (SIDS) recommendations. (www.rednose.org.au)

• To check with your GP if your baby has any medical conditions which prevent them from being sleep trained safely.

• Disclose any medical condition/s your child has to the baby sleep consultant.

• You acknowledge that Hush Baby Sleep does not offer nor provide any medical advice, service or treatment. Should you have any concerns regarding your child we recommend consulting your doctor.

• The sleep plan is prepared for your child’s specific circumstances. It is not intended for broader publication or circulation to third parties and is not to be used for any other purposes without our prior written consent. We do not accept or assume responsibility to any unauthorised person to whom the sleep plan is shown or any other person who may otherwise gain access to it.

• Any changes made to your babies sleeping or feeding arrangements are made at your sole discretion. In conducting our Services, Hush Baby Sleep will make suggestions for change, however the choice of implementation will be at your discretion.

• You understand that your consultant is not liable for the safety of your baby.

 

Support and Consultations

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• Consultations can be delayed due to illness or other life events at the discretion of Hush Baby Sleep. Consultations delayed further than 1 month may require support calls to be used to ensure that sleep plans/ assessments remain up-to-date. This is to ensure that the sleep plans/ assessments are suitable for your child’s age and requirements. Further support can be purchased.

• Consultations delayed over 6 months are subject to any price increases. Cancellations will result in only a 50% refund of the fee.

• Consultations delayed over 12 months are not entitled to a refund and cannot be re-booked.

• Any extra hours on in-home consultations will incur a fee of $80 per hour.

• All support phone calls must be booked within 1 month of the initial consultation. Support calls not utilised will be forfeited.

• Any packages including support require commencement within 14 days of the sleep plan being provided to you, unless otherwise agreed by Hush Baby Sleep in writing.

• We require 48 hours’ notice prior to your initial scheduled consultation date.

• We provide no warranty or guarantee of a specific result. Results may vary with each individual and are based on a broad range of factors outside of our control.

• Any redistribution or reproduction of part or all of the contents of our sleep plans/ assessments in any form is prohibited.

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Information

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You agree to provide in a timely fashion all information and documents reasonably required to enable Hush Baby Sleep to provide the Services. Hush Baby Sleep will not independently verify the accuracy of such information and documents and will not be liable for any loss or damage arising from any inaccuracy or other defect in any information or documents supplied by You.

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Fees and Payment

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Full payment is required prior to scheduling any consultations.

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In home consultations require payment made in full at the time of booking to secure your date.

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We require 48 hours’ notice should you need to cancel your booking. Failure to provide at least 48 hours notice will result in only a 50% refund of the fee. Prior to 48 hours a 5% administration fee will be deducted from any refund to cover payment processing fees and administration staff.

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For sleep packages no refunds will be provided once a sleep plan/ assessment has been provided. For calls or support packages no refunds will be provided post consultation with you.

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Mothers/ Parents group sessions require confirmation of attendee numbers and payment no later than 48 hours prior to the scheduled session. No reduction in invoiced attendees is permitted post this time.

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Cancellations for a Mothers/ Parents group session less than 24 hours prior to the scheduled date will not be refunded. Cancellations between 24-48 hours will be refunded 50% of the fee.

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Travel charges are free for the first 50km, and then 78 cents per kilometre thereafter. Travel charges will be invoiced separately to your booking and will be discussed with you prior to invoicing. Travel charges apply to all in-home and group sessions.

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Your payment indicates you have read and agree to the above Terms & Conditions of our service.

 

Errors, Inaccuracies and Omissions

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Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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Limitation of Liability

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To the maximum extent permitted by law, Hush Baby Sleep excludes any liability which may arise as a result of the use of this website or its content. 

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Indemnification

You agree to indemnify Hush Baby Sleep and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any claim or demand, including legal fees and disbursements, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

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Intellectual Property

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All copyright and other intellectual property rights in all materials, tools, data, designs, models, methodologies, analysis frameworks, practices, ideas, concepts, websites and techniques will remain the property of Hush Baby Sleep. Hush Baby Sleep does not authorise the content of this website, sleep plans, brochures, materials, emails or its social media platforms to be reproduced in any capacity.

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Governing Law & Jurisdiction

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These terms and conditions and our engagement are governed by the laws of Victoria. The courts of Victoria shall have the exclusive jurisdiction to decide any matter arising from our engagement.

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Accuracy, Completeness and Timeliness of Information

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We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

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Third-Party Links

Certain content, products and services available may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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Personal Information

Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy click here.

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Testimonials/ Reviews and Case Studies

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Our site includes testimonials from clients of Hush Baby Sleep. These testimonials are not intended to represent nor guarantee that the current or future clients of our services will achieve the same or similar results.

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By providing a Testimonial/ Review you acknowledge that we may use these on our site and/or social media for promotional, marketing or educational purposes. We will do so in accordance with our Privacy Policy.

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Information regarding your baby’s sleep may be used in case studies. No identifying information will be used in the presentation of this information.

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Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

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(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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Variation of Terms

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Hush Baby Sleep is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

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Prices are subject to change without notice.

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We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

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