Terms and Conditions

 

Effective Date: 1st November 2022

Definitions

CUSTOMER means any individual, partnership, limited company, charity or organisation that from time to time purchases Services from the Supplier.

SUPPLIER means The Sleep Remedy, 50 Wordsworth Avenue, Penarth, Vale of Glamorgan, CF64 2RN.

PROPOSAL means a statement of work, consultation, quotation or other similar document describing the services to be provided by the Supplier.

SERVICES means the services specified in the proposal.

The CONTRACT shall mean instructions, confirmed in writing or electronic format, issued and signed by the customer or an authorised person on behalf of the customer.

FEES shall mean all charges and expenses that will be invoiced by the Supplier to the customer for the services provided.

TERMS AND CONDITIONS means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication by the Customer. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute law or regulation.

For these Terms and Conditions, “we”, “us”, “our”, “www.thesleepremedy.co.uk” refer to The Sleep Remedy.  Also, any reference to The Sleep Remedy includes its principals, employees, consultants, agents, heirs, executors, administrators and assigns. By using this Website or working with a The Sleep Remedy Sleep Coach , you acknowledge and agree that you have read, understand and accept these Terms and Conditions. If you have not read, or do not understand or accept these Terms and Conditions, you must not use this Website or proceed with a personal consultation. We reserve the right to modify these Terms and Conditions, or any part of them, at any time, so please review them frequently. Changes and clarifications will take effect immediately upon their being posted on the website.

SERVICES

The Sleep Remedy takes safety and accuracy very seriously, and considerable care and attention is taken in compiling the information on the Website and in any information, documentation, personal sleep plans or other services provided to you (collectively, the “Services”).  Notwithstanding the foregoing, any Services we provide to you are intended to be used as a guide only and you, as the parent, guardian or caregiver, have a personal responsibility to take all reasonable precautions for the care and safety of your child and the implementation of any Services.

Section 1 – NO MEDICAL ADVICE PROVIDED

The Sleep Remedy does not provide medical advice. None of the Services we provide to you constitutes or is meant to constitute, medical advice of any kind. If you believe that your child may have a medical condition, if you are concerned about the health of your child, yourself, or any other caregiver of your child, or if you require medical advice of any kind, please consult your physician or other medical professional immediately. 

The contents of the Services and the Website, such as text, graphics, images, and other materials (“Content”) are for informational purposes only. The resources made available on The Sleep Remedy website or during any consultation, are for general guidance only. Nothing on this website or provided during consultations is intended to constitute professional legal, medical or any other type of professional advice to anyone.  The Sleep Remedy shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this website or during consultation.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read from our Services or the Website.  

Section 2 – REPRESENTATIONS & WARRANTIES OF CLIENT

As a client of The Sleep Remedy, you represent, warrant and agree as follows: You are the parent/legal guardian of the child about whom you intend to consult us (“your child”), and you have the legal authority to retain our Services; and to agree to these Terms and Conditions on behalf of yourself and your child; Your child is in good health and is not presently, and will not be during the consultation process, under a doctor’s or other health care professional’s care for any medical issue relating to sleep or any other issue that may be negatively impacted, in any way, by the Services.  Furthermore, your child does not (or will not during the consultation) have any pre-existing health conditions, symptoms or congenital defects, which may be aggravated by the Services; You and whomever else may be consulting with us and/or implementing any of the Services are in good physical and mental health and are capable of following any instructions we present as part of the Services; If you are uncertain as to whether or not the Services are right for you, your child or anyone else implementing the Services, or if you think you, your child or anyone else implementing the Services may have a medical issue that could be aggravated by the Services, it is your responsibility to consult with a physician (or other health care provider) prior to retaining and/or implementing any of the Services; You will notify your The Sleep Remedy Sleep Consultant immediately in the event that your child’s health condition changes or if you are concerned, for any reason, about your child’s health and/or the Services or if they physical or mental health of you or anyone else implementing the Services is compromised in any way such that you or they are not capable of following the instructions we presented as part of the Services; The Services are meant as a guide only and are not meant to replace or override your role, as a parent, to take reasonable steps to ensure the care and safety of your child. We reserve the right to terminate the Services, at any time, if we are concerned for the well being of you, your child, or anyone else implementing the Services.  In the event that we have reason to believe that a child has been or is likely to be abused or neglected, we have a legal duty to report the matter to the local authorities.

Section 3 – RELEASE & INDEMNITY

We are not responsible or liable for any situation whereby an infant does not sleep through the night based on the content of our Services. If the child reverts after having used our Services, it is important to recognise that this can be part of normal development due to growth spurts, teething and illness. As a client of The Sleep Remedy, you agree as follows: To release The Sleep Remedy from any and all claims, in relation to the Services, that you now have or may have in the future and to release The Sleep Remedy from any and all liability for any loss, damage, expense or injury, including death, that you may suffer, or that your child or next of kin may suffer, resulting from any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of The Sleep Remedy or anyone for whom The Sleep Remedy is in law responsible. You further agree that you have and will not assign to any person or corporation any of the claims described above; To hold harmless and indemnify The Sleep Remedy from any and all liability, loss or expenses for any damage to property, or personal injury to any third party, resulting from the Services; To not commence, take or continue any proceedings against any person relating to the Services whom might seek contribution or indemnity from The Sleep Remedy as a result of such claim or proceedings, and you shall indemnify and save harmless The Sleep Remedy and keep The Sleep Remedy indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by The Sleep Remedy regardless of whether they are reasonable, foreseeable or avoidable, arising directly or indirectly from any breach or alleged breach by you of any of these terms.

That your release herein shall be effective and binding on your child, as well as your and your child’s heirs, next of kin, executors, administrators and representatives; and That your release herein, and your relationship with The Sleep Remedy, shall be governed by and interpreted solely in accordance with the laws of the United Kingdom and no other jurisdiction.

Section 4 – CONFIDENTIAL INFORMATION

When you avail our Services or assist us or a third party through us in any research or development, we may make known to you information marked as “confidential information”. You agree to never share the Confidential Information to anyone outside The Sleep Remedy without first obtaining our consent.  “‘Confidential Information” shall mean any information and data of a confidential nature, including but not limited to proprietary, technical, brand strategy, development, new product ideation and development, marketing, sales, operating, performance, cost, know-how, business and process information, computer programming techniques, Website code, all record bearing media and any samples, models or prototypes, or parts thereof. As terms of our insurance, your details and plan will be kept for seven years.

Section 5- FORCE MAJEURE. 

Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion.

Section 7 – COPYRIGHT

All rights, including copyright and database rights, in the Website and its Content, are owned by or licensed to us, or otherwise used by us as permitted by applicable law. We shall remain at all times the owner of any and all copyrights, trademarks and other intellectual property rights in this Website and in the graphics, design, arrangement and look and feel of the Website. Further, we (or our licensors) remain at all times the owner(s) of all material or content supplied to you as part of the Website. Except as permitted above, you undertake not to copy, store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website without our prior written permission, or in accordance with applicable laws and regulations. The names, images and logos identifying The Sleep Remedy or any associated companies or third parties (and their products and services) are proprietary marks of The Sleep Remedy (or of any associated companies and/or third parties).

The terms of use of this site do not confer any license or right under copyright or trademark. Any use of material on this site otherwise than as explicitly permitted in this copyright notice is prohibited unless prior written permission has been obtained from The Sleep Remedy.

Section 8 – THIRD PARTY WEBSITES

The Website provides links to third party websites. We make no representations as to the quality, suitability, functionality or legality of any websites to which we may provide links, or any goods or services available from such websites. All matters concerning any goods and services that you purchase from a third party website, including without limitation all contract terms are solely between you and the owner of that website, and we will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against us with respect to any such sites. Linking to this Website will be subject to our prior approval and must be direct to any complete content webpage (and not any part of any webpage) within the Website and must not be viewed within the pages of any other website. We disclaim and shall have no liability to you for any legal or other consequences (including for infringement of third party rights) of links made to this Website.
 

Section 9 – DISCLAIMER

We are providing this Website on an ‘as is’ basis and make no representations or warranties of any kind with respect to this Website or its contents and disclaims all such representations and warranties. The Content on the Website has been included in good faith.  The content may contain inaccuracies or typographical errors.  Whilst we endeavour to ensure that the information on this Website is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission. You are responsible for checking the accuracy of relevant facts and opinions given on the Website before entering into any commitment or taking any other form of action or inaction based upon them. We do not represent or guarantee the truthfulness, accuracy or reliability of postings submitted by users, moderators and parent supporters on the public areas of the Website, if any, or endorse any opinions expressed by users, moderators or parent supporters. All conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the provision of the content, and the Website are excluded to the fullest extent permitted by law.
 

Section 10 – LIMITATION OF LIABILITY

Neither we nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with your use of this Website or any information contained in it. The Sleep Remedy does not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on this website and The Sleep Remedy assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer or other equipment or other property on account of your access to, use of, or browsing in the website. In no event shall The Sleep Remedy be liable for any injury, loss, claim, damages, or any exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings) whether based in contract, delict, strict liability, negligence, product liability or otherwise. The entire risk as to the quality, performance and use of this website is with you. Any communications, messages and other information obtained while using the Website is obtained at your risk and you bear the entire responsibility for any losses that you may experience as a result of your use of our website.

The service and materials on this website are provided "as is" and The Sleep Remedy and the hosts of this website expressly disclaims any and all warranties, express or implied, to the extent permitted by law including but not limited to warranties of satisfactory quality, merchantability or fitness for a particular purpose, with respect to the service or any materials. 
 

Section 12 – INDEMNIFICATION

You agree to indemnify and hold us and each of our directors, sponsors, representatives, employees and contractors, harmless from any claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of your use of the Website, your violation of these Terms and Conditions, or your infringement of any intellectual property or other right of any other person or entity.

GENERAL

Section 13 – BREACH

We will be entitled to restrict, suspend or terminate your use or deny you access to the Website or our Services or take such other action as we deem appropriate if we determine, in our sole discretion, that you are in breach any of the Terms and Conditions or that your use of the Website is inappropriate or otherwise unacceptable. The restriction, suspension or termination pursuant to this section will be without prejudice to any rights which we may have against you in respect of your breach of these Terms and Conditions. We shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as we in our sole discretion consider reasonably necessary or appropriate.
 

Section 14 – UPDATES

We are not obligated to maintain or support the Website or Services or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades. You agree that the Terms and Conditions will apply to all such updates or upgrades.
 

Section 15 – CHANGES

The Content, the Services, the Website and this Agreement are subject to change and updating by us and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use constitutes your acceptance of any change or update, all of which shall become controlling when posted.

 

Section 16 – REFUNDS AND CANCELLATIONS

A full refund (minus any administration fees incurred) is available for cancellations until 48 hours before the day of your consultation.

A 50% refund (minus any administration fees incurred) is available if a cancellation is made in the 48 hours before the day of the consultation.

A 25% refund (minus any administration fees incurred) is available if a cancellation is made on the day of the consultation up until the point of the consultation.

No refund is available after the consultation has taken place.

Where booking is taken separately from payment, payment must be made up to 48 hours before the day of your consultation or the consultation will be cancelled.

Where the required sleep questionnaire and sleep diary have not been received within the timescales detailed within your confirmation email, and there has been no attempt by the client to cancel or reschedule the appointment, it will be assumed that the client wishes to cancel and no refund will be available.

 

Section 17 – TIMESCALES

Following the consulation, any one to one support purchased as part of the support package will commence upon receipt of the sleep plan unless otherwise agreed. Any phone calls included within the support package should be scheduled by you to be held during the course of the support package and no later than two weeks from the final date of the duration, or two weeks from the consultation date if support is for consultation only. Any phone calls included within the support package that are not used within these timescales stipulated will expire and will no longer be valid to use unless otherwise agreed at the discretion of The Sleep Remedy.

 

Where a pause in support has been agreed - e.g for teething or illness -, support must be resumed within 21 days of the pause date unless otherwise agreed at the discretion of The Sleep Remedy. If 21 days has passed without resuming support, the support will be concluded and access to any aspect of the service such as tracking apps and text queries will be ceased.

 

 

Section 18 – MISCELLANEOUS

These Terms and Conditions and the Privacy Policy constitute the entire understanding between you and us as to use of the Services and Website and supersede all prior agreements and understandings between you and us. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms of use shall survive and continue to be binding and enforceable. We make no representation that materials on this Website are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. If you access this Website from a location outside of the United Kingdom, you are responsible for compliance with all local laws. If there is any conflict between these Terms and Conditions and specific terms appearing elsewhere on the Website, then the latter shall prevail. Any cause of action you may have with respect to your use of this Website and our Services must be commenced within two years after the claim or cause of action arises. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Any failure or delay by us to enforce strict performance by you of any of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver to any extent of our rights. 

These Terms and Conditions of use of the website and consultancy as provided by The Sleep Remedy shall be subject to British Law and subject to the exclusive jurisdiction of the British Courts.  If any part of this notice and disclaimer is deemed unlawful, void or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.

Section 19 – CONTACTING US

If you have any questions about these Terms and Conditions, the practices of this Website, or your dealings with our Services, please contact us at: info@thesleepremedy.co.uk