Terms & Conditions

This website / mobile application (Platform) is operated by Slumber & Sprout ABN 22 538 192 652 (we, our or us). It is available at: www.slumberandsprout.com.au and mobile application Slumber & Sprout and may be available through other addresses or channels.

DISCLAIMER

1. By accessing the Slumber & Sprout mobile application or website (the Platform) you agree to be bound by these Terms and Conditions.

2. You acknowledge and agree that when using Services and the Content on our Platform we may not consider all of yours or your child’s personal attributes, unique and specific needs, medical conditions or other surrounding circumstances. Therefore, in some cases our Content may not be accurate or suitable for you or your child. For support involving an extensive review of your unique situation we recommend utilising our 1:1 support services.

3. You confirm that you and your child are healthy and fit to use our Services and the Content. If you have any concerns with regards to either yours or your child’s health, we do recommend to speak with your medical or health practitioner prior to using our Services and Content. We do not give medical advice, treatment or diagnosis and you acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical or health practitioner.

4. You confirm that you are aware of safe sleep practices and agree to follow them at all times when working with Slumber & Sprout through our Services or Content on the Platform. This includes not putting baby to sleep on their side or tummy and having no items in the cot including comforters prior to 7 months of age.

5. While we use reasonable attempts to ensure the accuracy and completeness of the Content on our Platform, to the extent permitted by law, we make no representation or warranty regarding such Content. We may update the Content at any time but cannot guarantee that the Content is accurate and up to date at all times.

6. Our Services and Content provide you with guides, articles and additional tools to help your child’s sleep, but we make no guarantees of any specific result from the use of our Services or the Content.

7. Using our Platform provides no guarantee that it will run error-free or without interruption. The Platform and Content is delivered on an “as-is” and “as-available” basis and is reliant on our third party website and mobile application providers. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any Content or our Services.

ACCEPTANCE

We offer a range of content, products and services (together the Services) which can be found both on our website at www.slumberandsprout.com.au and our mobile application, Slumber & Sprout (currently limited to Apple App Store but soon to be available for Android users as well).

Together our website and our mobile application are called the Platform.
By accessing or using our Platform, downloading our mobile application or clicking “I accept” (or similar), you:
confirm to us that you have reviewed these Terms and Conditions, including our Privacy Policy (available on the Platform);
confirm you are a parent, guardian or carer of a child; and
agree to use the Platform in accordance with the Terms.
In these Terms, we, our or us means H Hibbert and K Joseph, trading as Slumber & Sprout ABN 22 538 192 652.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

SERVICES

We may offer the following services and products all as described on the Platform:

Sleep Guides: (currently through our mobile application) sleep guidelines, routines and a range of tools to help improve your child’s sleep;
Slumber School: to give you access to our member only articles as well as our forum with certified sleep consultants available to answer your questions;
Slumber Sounds: sleep sounds including 6 different sounds to help with your child’s sleep and for white noise on the go;
Slumber Tracker: to help make tracking your child’s sleep and feeds easier, all in one convenient place within our sleep application.
Products: may be included on our mobile application in the future.

SIGNING UP TO MOBILE APPLICATION

To benefit from our mobile application and to be able to purchase our slumber guides within the Slumber & Sprout app, you will need to download our mobile application and create an account.

You must provide basic information when registering for an account including your name, email address, time zone and you must choose a password.
Once you have registered an account, your account information will be used to create a profile which you may then curate.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
You are responsible for keeping your account details and your username and password confidential and you will be liable for all activity on your account, including purchases made using your account details. You agree to immediately notify us of any unauthorised use of your account.

SLUMBER GUIDES

Any order placed through the Platform for a Slumber Guide is an offer by you to purchase a sleep guide for the price notified at the time you place your order.

You must pay us the purchase price of each Slumber Guide as set out on the Platform at the time you place your order.
Once the Slumber Guide has been purchased you will have access to the purchased guide through the Slumber & Sprout mobile application. If you have any issues accessing your guide, please email us at the address at the end of these Terms.
You acknowledge that we may decide to discontinue our mobile application at any time, in which case, we will provide adequate notice to you for you to receive the benefit of the Slumber Guide or, at our sole discretion, provide you with a refund of the Slumber Guide price.

SLUMBER SCHOOL SUBSCRIPTIONS

You may choose to purchase a Slumber School Subscription once you have purchased a Slumber Guide, by placing an order in our mobile application. The sleep consultants in our forum will endeavour to respond to your queries within a reasonable time (no more than 72 hours). If you need urgent medical support, please seek medical advice. If there is a medical emergency, please call 000.

Our subscriber-only content is constantly evolving and may include new features or functionality over time.
You must pay us the subscription fee for the Subscription (Subscription Fee) as set out on the Platform at the time you place your order to benefit from the Subscription.
The Subscription Fee will be charged upfront on a monthly basis on the calendar day corresponding to the day when you placed an order for a Subscription (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Subscription began on a day not contained in a given month.
Subscriptions automatically continue until cancelled in accordance with the cancellation clause below.
We may modify the Subscription Fees from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. The notice may be provided at any time via email or via notification to your account. If you do not agree to the price change, you may cancel your Subscription in accordance with the cancellation clause below.
If the payment of the Subscription Fee has not been made on the Payment Date, we may, in our sole discretion, suspend or terminate your Subscription and account in accordance with these Terms.

CANCELLING SUBSCRIPTIONS

You may cancel your Subscription at any time via your phone Settings. Deleting the Slumber & Sprout App will not cancel your subscription. We accept no responsibility for you not cancelling your subscription correctly
The cancellation will apply to the next month if you cancel your Membership before the next Payment Date.

1:1 SUPPORT

You may book 1:1 services (Consultations) from us through our website Platform by paying the consultation fee (Consultation Fee) as set out on the website Platform.
We will send you a return confirmation email if we accept your request which results in a separate binding agreement between you and us for the supply of the Consultation in accordance with the Terms.
The confirmation email will include details of your payment, confirmation of your 1:1 support package and further details about what to do next.
Rescheduling and Cancellation of 1:1 Support Services.
1. Your 1:1 support will be scheduled between you and us in advance for a mutually agreeable time. You agree that if Slumber & Sprout needs to cancel your appointment for reasons beyond control, the next available appointment will be offered to you. You may request a refund if the next available appointment is not convenient to you. You agree that cancellation with less than 48 hours notice prior to a scheduled consultation will result in a refund of only 50% of the consultation package. A full refund will be provided for cancellations with more than 48 hours notice less a $50 admin fee.
2. You agree to provide Slumber & Sprout with 48 hours notice should you need to reschedule your consultation to a different day. Rescheduling will be at the discretion of Slumber & Sprout at a time convenient for them. There may be a wait of up to three weeks.
3. Should you choose not to proceed after the initial consult, once the action sheet has been provided or at any stage during your follow up support period, you will not be eligible for a refund.
4. If you become uncooperative, threatening, or if there is reason to believe that you are not taking reasonable steps to ensure the care and safety of your Child, we reserve the right to terminate services without refund.
5. Should you need to put 1:1 support on hold after commencement of the support, arrangements will be at the discretion of us.

PRODUCTS

You may order Products from us as set out on the Platform. Any order placed through the Platform is an offer by you to purchase a particular Product or Products for the Product Price at the time you place your order.

We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
Each order that we accept results in a separate binding agreement between you and us for the supply of Products in accordance with the Terms.
You must pay us the purchase price of each Product you order plus any applicable GST or delivery costs based on the delivery options selected by you as set out on the Platform (the Product Price).
When you order and pay on the Platform and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

GENERAL PAYMENT TERMS

All payments (including the Slumber Guide Prices, Slumber School Subscription Fee, Slumber Sounds Fee, 1:1 Support Fee and any Product Price – together the Fees) must be made via one of the payment methods set out on the Platform including our payment processors on our website, Stripe and PayPal and mobile application Apple’s IAP (please note the payment processor may change from time to time). You authorise us to debit your payment method, when you order or purchase any of our products or services or on each relevant Payment Date for your Slumber School Subscription Fee as long as the Subscription is ongoing, in accordance with the above payment clauses. Payment of any amounts using a payment processor may be subject to the payment processor’s terms and conditions.

It is your responsibility to check the Services you have chosen, including pricing, description, inclusions and other details before you submit your order through the Platform. We do not accept refunds for any Services for change of mind or other circumstances.
To the extent permitted by law, once paid, Fees are non refundable.
Unless otherwise stated on the Platform, all Fees are stated in Australian dollars and are inclusive of GST.
You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay the Fees and any other amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.
It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You may update these at any time by contacting us at the details provided below.

PROMOTIONS

We may from time to time issue promotional discount codes for certain products on the Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued. We may also from time to time run competitions on the Platform or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Platform at the time of the competition.

SLUMBER SCHOOL FORUM

When you order a Subscription, you will be invited to Slumber School, of which you may remain a member for the duration of your Subscription. Upon cancellation of your Subscription, you will be removed from the forum at the end of your paid subscription period. You must not post, share or publish any material in the forum which is indecent, offensive, in breach of any laws, or in breach of any intellectual property rights. We reserve the right to, at any time, remove any content you share in the forum, and remove your access to the forum. Information and User Content shared by other members of the forum is private and confidential. You must keep confidential any information you receive via forum, including the names of other members.

If you have a Subscription, you will have access to our forum on the Platform through which you can communicate and ask questions to our certified sleep consultants and other users. You may be permitted to post, create, upload, publicise or otherwise submit content (Submit), such as comments, questions, pictures, testimonials and videos on the forum (User Content). You must Submit User Content in accordance with these Terms.
We ask you to limit your discussions to topics which are relevant to the Platform. We have the right but not the obligation to appoint moderators of our forum from time to time to ensure that all voices are heard and no inappropriate thread or topic is discussed on the forum.
We reserve the right to remove any posts which we, in our sole discretion, deem to be in breach of these Terms including the ‘Exclusions’ clause and deem to be inappropriate including posts that:

a) defame, harass, threaten, stalk, menace, track, monitor, mistreat, offend or otherwise hurt any person;

b) use obscene or foul language;

c) include link(s) to inappropriate, offensive or illegal material on the forum;

d) could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and

e) interfere with another user.

We are not responsible for the conduct of any user of our Platform. You agree and acknowledge that you participate on the forum including by Submitting User Content at your own risk.
By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User 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 User Content on, through or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through the forums. You represent and warrant that:

a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

This clause will survive termination of these Terms.

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 Slumber Guides, videos, webinars, guides, tools, tips, articles and email communication with us or other materials (including in connection with the Terms, the Platform and our Services) will at all times vest, or remain vested, in us. Our intellectual property described in this clause and the User Content is referred to in these Terms as Content.

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 Platform or our Services.
This clause will survive termination of these Terms.

EXCLUSIONS

You must not access or use the Platform, the Content or our Services except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Platform. Without limiting the foregoing provisions, you must not and must not permit any other person to:
1. reveal your Subscription account password to others or allow others to use your Slumber School Subscription account or your Slumber Guide/s;
2. resell, assign, transfer, distribute or provide others with access to the Platform or any Content from the Platform (including publishing or posting our Content on any other website or on social media pages);
3. “frame”, “mirror” or serve any of the Platform on any web server or other computer server over the Internet or any other network;
4. copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Platform or any resources from the Platform;
5. alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Platform or any resources from the Platform;
6. use the Platform or any resources from the Platform in any way which is in breach of any applicable local, state, federal and international laws and regulations or which infringes any person's rights, including intellectual property rights;
7. use the Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
8. use the Platform in any way that damages, interferes with or interrupts the supply of the Platform;
9. 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;
10. use the Platform to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
11. use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platform or any resources from the Platform;
12. send any unsolicited email messages through or to users of the Platform in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Platform in breach of any person’s privacy (such as by way of identity theft or “phishing”); or
13. use the Platform to circumvent user authentication or security of any of your networks, accounts or hosts.
This clause will survive termination of these Terms.

LIMITATIONS

1. To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

This clause will survive termination of these Terms.

AUSTRALIAN CONSUMER LAW

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:
1. to cancel your service contract with us; and
2. 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

1. These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

COLLECTION

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

This clause will survive termination of these Terms.

Expectation and commitment: When working with Slumber & Sprout through our 1:1 support services, it is imperative that the you keeps Slumber & Sprout updated on your child’s sleep data and any other issues or concerns that may arise with your child’s sleep. Failure to do so results in an inability for us to help you with your sleep goals. We are in the business of helping families sleep so this is a joint partnership in that effort. There is no magic wand or guarantees as the child's progress highly depends on the parent's ability to consistently implement the changes set forth by Slumber & Sprout. This can be challenging and emotional work and in order for you to get the most out of your sleep plan you must work together with Slumber & Sprout and comply with adjustments and recommendations in your plan. You agree that it is not the responsibility of Slumber & Sprout to follow up with you requesting your sleep data.
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
Competitors: You are prohibited from using our Platform, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Subscription and stop using the Platform.
Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 Victorian business days in the case of post, or at the time of transmission in the case of email.
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 Western Australia, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Platform may be accessed in Australia and overseas. We make no representation that the Platform complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Platform.