TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use of thesleepsanctuary.com.au (the “Site”). This Site is owned and operated by The Sleep Sanctuary. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of The Sleep Sanctuary and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
– Harass or mistreat other users of our Site;
– Violate the rights of other users of our Site;
– Violate the intellectual property rights of the Site owners or any third party to the Site; or
– Act in any way that could be considered fraudulent.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Sale of Goods and Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
– Sleep Guides
The following services are available on our Site:
– Sleep Consultations and plans
– Night Nanny/Maternity Nanny Services
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Payments
We accept the following payment methods at the time of booking:
– Bank Transfer;
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Refunds for Goods
All goods sold on our Site are non-refundable.
Refunds for Services
No refunds will be given on any consultations, sleeps plans or guides.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.
Limitation of Liability
The Sleep Sanctuary and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless The Sleep Sanctuary and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Queensland,
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and The Sleep Sanctuary are unable to resolve any dispute through informal discussion, then you and The Sleep Sanctuary agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and The Sleep Sanctuary. The costs of any mediation will be shared equally between you and The Sleep Sanctuary. Notwithstanding any other provision in these Terms and Conditions, you and The Sleep Sanctuary agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Additional Terms
– Consult your medical professional prior to starting your consultation;
– Provide us with any and all relevant medical information;
– Follow the safe sleep guidelines for your country;
– Your child’s sleep plan is private and individual and should not be shared with anyone else;
– Follow your health care provider’s medical advice and communicate this with The Sleep Sanctuary;
– What you may perceive as ‘gentle’ may be different to what we perceive as ‘gentle’. Please contact us if you have any questions regarding this;
– It is your choice what you choose to implement from the plan and the consistency is up to you;
– It is your obligation to contact The Sleep Sanctuary during your support weeks;
– Provide all relevant and necessary information about you and your child so we can make an accurate and informed assessment.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
www.thesleepsanctuary.com.au info@thesleepsanctuary.com.au
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Effective Date: 9th day of November, 2022
Thesleepsanctuary.com.au Privacy Policy
Effective date: 9th day of November, 2022
thesleepsanctuary.com.au (the “Site”) is owned and operated by The Sleep Sanctuary. The Sleep Sanctuary is the data controller and can be contacted at:
thesleepsanctuary.com.au
________________________________________
________________________________________
Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our Site of the
following:
1. The personal data we will collect;
2. Use of collected data;
3. Who has access to the data collected; and
4. The rights of Site users.
This Privacy Policy applies in addition to the terms and conditions of our Site.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the “GDPR”). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018. We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
Consent
By using our Site users agree that they consent to:
1. The conditions set out in this Privacy Policy.
When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful. You can withdraw your consent by contacting The Sleep Sanctuary on our website.
Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR. We rely on the following legal bases to collect and process the personal data of users in the EU:
1. Users have provided their consent to the processing of their data for one or more specific
purposes; and
2. Processing of user personal data is necessary for us to comply with a legal obligation. If a user does not provide the personal data necessary for us to perform a legal obligation the consequences are as follows:
Sleep plans cannot be created.
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
1. First and last name;
2. Age;
3. Date of birth;
4. Sex;
5. Email address;
6. Phone number;
7. Address; and
8. Payment information.
This data may be collected using the following methods:
1. Intake Form via parent/guardian; and
2. Purchasing a product or service.
How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect when the user performs certain functions may be used for the following purposes:
1. Consultations and sleep plans.
Who We Share Personal Data With
Employees
We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
Third Parties
We may share user data with the following third parties:
1. Employees.
We may share the following user data with third parties:
1. Intake form.
We may share user data with third parties for the following purposes:
1. Consultations and sleep plans.
Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
1. If the law requires it;
2. If it is required for any legal proceeding;
3. To prove or protect our legal rights; and
4. To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved. You will be notified if your data is kept for longer than this period.
How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee’s termination. While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore, we are unable to guarantee the security of user data beyond what is reasonably practical.
Your Rights as a User
Under the GDPR, you have the following rights:
1. Right to be informed;
2. Right of access;
3. Right to rectification;
4. Right to erasure;
5. Right to restrict processing;
6. Right to data portability; and
7. Right to object.
Children
The minimum age to use our website is 18 years of age. We collect the personal data of children under 16 years of age. We only collect the personal data of children under 16 years of age with the express consent of their parents or guardians.
This consent is collected as follows:
1. Intake form via parent or guardian.
Please see our Children’s Privacy Policy for additional information on how we deal with children’s personal data.
How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here: The Sleep Sanctuary info@thesleepsanctuary.com.au
Do Not Track Notice
Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser initiated DNT signals. We are not responsible for and cannot guarantee how any third parties who interact with our Site and your data will respond to DNT signals.
How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:
1. email subscriptions. You can opt-out by unsubscribing.
Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy, we will update the “Effective Date” at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
Complaints
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting The Sleep Sanctuary via contact form or email.
Contact Information
If you have any questions, concerns, or complaints, you can contact our privacy officer, The Sleep Sanctuary, at: info@thesleepsanctuary.com.au