Please read this agreement carefully before accessing or using the information and services available through www.sleepbysteph.com.au (“Website”). By accessing or using the Website, you agree to be bound by the terms and conditions (“Agreement”). This Agreement also applies to the webpages:
S.J GOUIN (62 146 443 977) (“Sleep by Steph”) may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Website.
This Agreement is between you and Sleep by Steph (referred to in this Agreement as “we”, “our” or “us”).
- “Materials” means the information, online programs, courses, videos, PDF files, online discussions, eBooks, emails, worksheets, products, services or other information provided by Sleep by Steph.
- “Website Service” means all products and services provided by Sleep by Steph via the Website and webpages including information services, content and transaction capabilities on the Website.
3. Registration and User Requirements
- You may need to register on the Website in order to access some of the features.
- To ensure the provision of the Website Service, you must ensure this information is accurate and current.
- The registration process requires you to provide us with personal information including:
- your name; and
- valid email address.
- By using the Website and its associated functionality, you give us your consent to send you direct communications to the email address you provide. You may unsubscribe from these direct communications at any time. By using elements of the Website, you give implied consent to receive certain communications.
- You may opt-out of the Website and Website Service at any time.
- To register an account and use the Website you must:
- be at least 18 years old; and
- have capacity to enter into a legally binding agreement.
4. Access and use of the Website
- You must only use the Website in accordance with these terms and any applicable law.
- You must not or attempt to:
- interfere or disrupt the Website;
- use data gathering or extraction tools on the Website;
- interfere with security-related or other features of the Website;
- use, copy or distribute the Materials or any information on the Website without our express permission;
- share your password with any other person.
- We may refer any fraudulent or abusive or illegal activity to the relevant authorities.
- You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. Sleep by Steph is not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
- If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must take immediate steps to re-secure your account (including by changing your password).
- You must not use another member’s account without our, and/or the other user’s, express permission.
- You must not grant your details to a non-member without our express permission.
- We may unsubscribe you from the Website if you have breached these terms and Conditions.
5. No guarantees and warranties
- Sleep by Steph does not warrant that the Website will be available at all times and without disruption.
- Sleep by Steph does not give any warranties in relation to the content of any other website linked to or from our Website.
- Sleep by Steph does not warrant or guarantee that if you follow all the Materials and Website Services that your baby will sleep accordingly to your plans.
- Sleep by Steph provides no warranty to you that the services generally available through its Website will be uninterrupted or error-free or that defects in the service will be corrected.
- You also understand that Sleep by Steph cannot and does not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
6. Information on this Website
- The information on the Website is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
- We may, from time to time and without notice, change or add to the Website (including the Agreement) or the Materials, information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if the Materials or the information on the Website is not up-to-date.
- Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
- Except as required by law (including the Australian Consumer Law) we cannot be held responsible for your actions or your baby’s actions.
- Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors found on the Website, webpages or in any articles or blog posts featured.
- You agree that information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial purpose.
- You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software. You must not use this Website for any purpose that is unlawful or prohibited by this Agreement.
- You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication), except with Our prior written consent.
- You may purchase our Materials through the Website. Once you place an order, you will receive an order confirmation.
- All warranties which are not guaranteed by Australian Consumer Law are expressly excluded where permitted, including liability for incidental or consequent damages caused by breach of any express or implied warranty or condition.
- We reserve the right to modify our Materials and or the Website Services at any time.
8. Disclaimer and Liability
- Sleep by Steph provides the Materials for educational purposes only and does not take into account your personal circumstances or objectives, except for those who purchase the “Sleep Support with Steph” package. You acknowledge that the Materials are to be used as a guide for general information purposes and should not be a replacement or substitute for doing your own due diligence and verifying the information by obtaining independent professional medical or other relevant advice which takes into account your personal circumstances and objectives prior to relying on any information obtained from the Materials.
- The Materials are intended only to provide a summary and general overview on matters of interest, and it is not intended to be comprehensive. This excludes the “Sleep Support with Steph” package.
- Sleep by Steph excludes all liability to you or any third party for loss or damage of any kind or nature relating in any way to the Website to the maximum extent permitted by law. This limitation includes, but is not limited to, any loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies of the Materials or the Website;
- your action or inaction in relation to any information contained on or referred to on the Website and/or any linked website;
- any third parties’ action or inaction in relation to any information contained on or referred to on the Website and/or any linked website;
- personal injury or property damage of any nature resulting from your access to or use of the Website;
- any unauthorised access to or use of our secure servers, including any personal or financial information stored on those servers;
- any interruption or cessation of transmission to or from the Website;
- any bugs, harmful code or communications which may be transmitted to or through our Website by any third party.
- Where any law provides a guarantee which may not be lawfully excluded, the liability of Sleep by Steph will be limited to that provided by law.
- In no event shall Sleep by Steph its affiliates, related entities or suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence), except as required by law. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
- To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website, platform and/or the information or materials contained on it, or as a result of the inaccessibility of this Website or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
10. Payment and Refunds
- The price of our Materials, products and services and other charges shown on the Website are in Australian dollars and are current at the time of display, but may be subject to change.
- You must register on the Website in order to purchase the Materials.
- You may purchase Materials displayed or advertised through the Website. Once you place an order, you will receive an order confirmation.
- You acknowledge that we may use PayPal as our payment system.
- You acknowledge that we do not offer any refunds.
- We reserve the right to increase our fees at any time.
11. Intellectual Property
- Sleep by Steph owns all intellectual property rights, including but not limited to, copyright in Materials and/or Website Services provided by Sleep by Steph. You must not use our information, online program, videos, courses, PDF files, online discussions, emails, marketing material, business names, trademarks, logos, domain names or other distinctive brand features without our express written consent.
- Copyright in the material and trademarks on this Website are owned by Sleep by Steph. You must not infringe on any intellectual property rights owned by Sleep by Steph.
- Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
- You may not:
- modify or copy the layout or appearance of the Website nor any code contained in the Website; nor
- attempt to discover or access any source code related to the Website.
- Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the Materials (including all text, graphics, logos, audio and software) made available on this Website.
- Your use of this Website, platform and Materials does not grant or transfer any rights, title or interest to you in relation to this Website, platform or Materials. However, we do grant you a licence to access the Website, platform and view the Materials where applicable, as expressly authorised by us and/or our third party licensors.
- Any reproduction or redistribution of this Website, platform or the Materials is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Materials to any other server, location or support for publication, reproduction or distribution.
12. Information does not represent personal advice
- You acknowledge and agree that information published by Sleep by Steph is intended to provide general recommendations and guidelines. You agree that it is ultimately your responsibility to determine how to care for your baby.
- It is solely your responsibility to seek professional medical advice regarding the applicability of the information to your particular circumstances.
- It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the Website.
- In no event will Sleep by Steph be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Website.
13. Transfer and Assignment
Sleep by Steph may assign or novate the rights under this Agreement to its subsidiary or business successors without your consent.
14. Privacy and Personal information
15. How you can contact us
- If you have any complaints, you can contact us [email protected]
- Any complaints received by us will be referred for investigation by our team and a written response will be provided to you as soon as possible.
- Sleep by Steph will not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond its reasonable control.
- This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
- If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- Any election for Sleep by Steph not to exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by Sleep by Steph. We may change these terms at any time, and changes will be posted on the Website.
- You agree to be bound by any changes by your continued use of the Website.
- Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.