terms and conditions
Terms and Conditions of Trade – Baby Sleep Expert Pty Ltd
Baby Sleep Expert means Baby Sleep Expert Ltd (ABN 82 618 607 739)
Customer means the party engaging the services of Baby Sleep Expert
Our Prices and Fees
1. All charges & prices for services carried out by Baby Sleep Expert are not subject to GST at the prevalent rate. Baby Sleep Expert reserves the right to become registered for GST and include GST in its pricing structure and invoicing without prior notice.
2. All prices quoted are Australian Dollars.
3. All prices quoted, are for the listed and mentioned services only.
4. Baby Sleep Expert may charge a travel fee, fixed at 77 cents per kilometre for all kilometres over 20 kilometres, measured from the Post office in Kew East to the home of the Customer and return to the Post office in Kew East, as evidenced by google maps, using the shortest route available.
Payment of our Invoices
5. Baby Sleep Expert requires payment, in full and clear funds, upfront, before any booking is finalised.
6. Failure to make the requisite upfront payment will result in a booking being cancelled.
7. In the event that Baby Sleep Expert do not require payment upfront, the Customer agrees to the bound be the Customer Credit provisions herewith.
8. Select Customers will be afforded a credit account, upon request of the Customer and at the sole discretion of Baby Sleep Expert.
9. These Customer Credit provisions will apply to all Customers who have not paid for services upfront.
10. The Customer agrees to secure the due and punctual payment of any monies payable to Baby Sleep Expert, whatsoever, arising out of this agreement, the Customer charges in favour of Baby Sleep Expert all its right title and interest in, to, under or derived from all assets of the Customer, both circulating and non-circulating.
11. Customer Credit Customers agree to pay the balance of any amounts outstanding to Baby Sleep Expert within seven (7) days of receipt of the invoice notifying them of amounts due and payable. Baby Sleep Expert reserves the right to make a surcharge of 12.5% per month interest to accounts that are not paid by this time. Customer credit screening may affect any subsequent credit agreement.
12. Customers agree that Baby Sleep Expert may seek from them, on the indemnity basis, any legal or debt collections fees incurred in relation to enforcing its rights under this agreement.
13. The Customer shall assist Baby Sleep Expert to complete any documentation required to be registered enforce these provisions and consents to the the lodgement or registration of any requisite documentation.
14. It is the obligation of the Customer to ensure that Baby Sleep Expert have the correct information regarding the Customer Credit account. Baby Sleep Expert is not liable for any errors which arise due to the failure to provide adequate instructions by the Customer.
Refund Policy and Cancelation Policy
15. Baby Sleep Expert has a ‘no refund’ policy due to the individualised content of each program developed for Customers. Obviously, this is subject to Australian Consumer Law. If there are any issues with the service you have been provided, please contact Baby Sleep Expert via email to firstname.lastname@example.org. We would like to opportunity to work with you in relation to your issues, whatever they may be.
16. Should a Customer wish to cancel an appointment prior to the service being provided by Baby Sleep Expert, a refund of funds paid will only be provided to a Customer if they cancel or reschedule the
appointment with 48 hours or more notice. Should less than 48 hours’ notice be provided, then Baby Sleep Expert will be entitled to retain 50% of any amounts paid and shall refund the balance to the
17. The services of Baby Sleep Expert are derived from information and instructions provided by the Customer to Baby Sleep Expert. The Customer warrants that this information is correct and that the
services are for the unique child and not for general use. For this reason, the Customer agrees that the services provided by Baby Sleep Expert shall not be shared with any other party.
18. Following the provision of the services, the Customer has one (1)
month to implement any plan or strategy developed by Baby Sleep Expert as beyond this time, the child will likely have changed and the plan and/or strategy will need to be redeveloped.
19. The Customer agrees that they have sought medical advice in relation to the child or children to consider the suitability of sleep training and that there are no medical conditions which will prevent
the child or children from being sleep trained safely.
20. Should the child or children suffer any medical conditions whatsoever, the Customer agrees to disclose the same to Baby Sleep Expert prior to the provision of any services.
21. The Customer acknowledges that Baby Sleep Expert makes no warrantees in relation to the effectiveness of the services provided given the variables that exist in the child’s or children’s environment
beyond the control of Baby Sleep Expert. Ultimately, the Customer, as parents of the child or children, are responsible for effectively implementing the strategies provided by Baby Sleep Expert.
22. The Customer agrees that in accepting the services of Baby Sleep Expert, they will incorporate safe sleeping practices in line with Sudden Infant Death Syndrome (SIDS) recommendation.
23. The information learned from the circumstances of the engagement of Baby Sleep Expert may be used for case studies, on the basis that Privacy Laws are complied with. In this regard, there will be no
reference to personal information in the case study.
24. Baby Sleep Expert takes your privacy seriously. Baby Sleep Expert will protect your personal information as required by Australian Privacy Laws Privacy Laws regarding the use of personal information.
Baby Sleep Expert will not use your personal information except for the purpose of engaging in and entering into and completing a transaction. The Customer must ensure that before disclosing any
personal information to Baby Sleep Expert that the Customer is entitled to disclose that information and without taking any further steps as required by the Australian Privacy Laws Baby Sleep Expert may use
and disclose such information for the purpose of entering into any transaction under these Terms of Trade.
If the Customer becomes aware of any breach or alleged breach of the Privacy Laws concerning information disclosed by Baby Sleep Expert to the Customer or any other party, or by the Customer to Baby Sleep Expert, then the Customer must notify Baby Sleep Expert immediately via the email to email@example.com.
Likewise, Baby Sleep Expert will notify the Customer, and if necessary, the Office of the Australian Information Commissioner if Baby Sleep Expert becomes aware of any breach or any alleged breach of the Privacy Laws concerning information disclosed.
25. Baby Sleep Expert reserves all rights in relation to intellectual property created and used by it on its website and in any documentation. Baby Sleep Expert has taken every measure to ensure that it has
permission to use the intellectual property of others. Any misuse of copyrighted material by Customers or users of any website or publication operated by Baby Sleep Expert is strictly prohibited.
26. Terms and Conditions may be changed at any time without prior notice to its Customers. Notification will be sent to all Customers at the time of the Terms and Conditions alterations.
27. Baby Sleep Expert shall be under no liability if it should be unable to carry out any provision of this agreement for any reason beyond its control.
28. The Customer is agreeing fully to Baby Sleep Expert’s Terms and Conditions of Trade by electing to engage the services of Baby Sleep Expert.