Copyright The Baby Sleep Company ABN 15 163 542 078 applying to but not limited to:
• All other social media channels
Copyright includes and extends to all text, graphics, images, logos, taglines, photographs, icons, videos, audio recordings, words and phrases.
1.2 Intellectual Property
Intellectual property means all our proprietary rights and interests including but not limited to all intellectual property whether registered or unregistered, non-existing or coming into existence in connection with or related to or created, invented, designed or otherwise owned by us, as referred to in these terms and conditions without limitation including designs, patents, copyright, trademarks, writings, digital content, video recordings, audio recordings, business names, ideas, artwork, programs, ebooks and moral rights as defined in the Copyright Act 1966 and under the law of a country other than Australia.
2.0 Scope of Licence
2.1 The user is granted a non-exclusive, non-transferable, non-sub-licensable license to personally access and use the website www.babysleepproject.com and the information given on the website. This is to be strictly for non-commercial purposes.
2.2 Full-scale reproduction of the program or content is prohibited.
2.3 The term of this licence is for twelve (12) months from the date of purchase on the Baby Sleep Project website.
2.4 Upon completion of the licence, the user will have the opportunity to renew their licence for another twelve (12) months for a discounted rate.
3.0 Use of the website
3.1 These terms and conditions govern your right to use The Baby Sleep Company website and your access to and use of the Baby Sleep Project and all videos and eBooks associated with it.
3.2 In accessing or downloading any content from the website to your own computer you do not receive any ownership rights to the content and you agree to not use the content that you can download for any unlawful purpose. Furthermore you agree that your use of the information available on the website is for personal use only and will not be used for commercial gain.
3.3 You agree that when you purchase the Baby Sleep Project that you will not reproduce or distribute, in person, publish, republish, print or upload to another website any of the information contained within this the Baby Sleep Project. You will not post content from this program onto any social media platform or website forum, distribute or modify or provide any part of it to a third party that would infringe on our intellectual property rights.
3.3 You agree that in accessing the Baby Sleep Project that you will not decompile, reverse engineer, modify or derive content from the program or make it available over a network where multiple people who don’t lawfully have access to the program may be able to access it.
3.4 You agree that your use of the website, videos and ebooks or any other service provided by The Baby Sleep Company will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are consistent, in which case you agree to be bound by the laws of Queensland, Australia.
4.1 You warrant that you are at least 18 years of age and that you will be responsible for completing all registration information truthfully and honestly.
4.2 Without limitation, this Baby Sleep Project is available only to individuals that can form legally binding contracts within Australian law.
4.3 We reserve the right to refuse to deal with you at our sole discretion if we believe that you may bring our reputation or others users into disrepute or otherwise interfere with other parties’ rights to have reasonable use of or access to the information provided on our website.
4.4 Upon purchasing this product you understand and agree that the directors, sub-contractors and affiliates of The Baby Sleep Company are under no obligation to make direct communication with you beyond a reasonable amount of support on topics not covered in the Baby Sleep Project via the email address [email protected] and tech help via [email protected]
5.0 Website Registration
5.1 You agree to provide accurate and truthful details about yourself for the purposes of registration to the website and we reserve the right to terminate your registration if you have not done so.
5.2 Any information you gain access to via this registration is for your sole use only
5.3 Any password given to you to obtain access to the Baby Sleep Project is not transferable to any third party not registered with the website.
5.4 We reserve the right to terminate your access to the Baby Sleep Project if, in our opinion, you have failed to comply with the website registration provisions. Any termination will be sent directly to the registered email address and will commence upon sending the email.
5.5 We will endeavor to provide continuous uninterrupted access to the Baby Sleep Project, however you acknowledge that the nature of providing information online is that sometimes factors beyond our control mean that the website may not function correctly or be completely unavailable. We will always move to rectify any problems as swiftly as we can and will compensate any user affected by an outage by extending access to the Baby Sleep Program by double the length of time they were unable to access it for.
6.0 Cancellation of subscription
6.1 The Baby Sleep Company reserves the right to terminate this agreement in accordance with the following conditions:
• Failure to abide by the rules of the website and the terms and conditions of sale
• Action upon a complaint of an employee or sub-contractor of The Baby Sleep Company
• If we believe you are facilitating the unlawful activity of a third party in respect to access to the Baby Sleep Project
• The Baby Sleep Company reserves the right to not sell/provide access to the Baby Sleep Project to any individual or business who fails in accordance with these terms and conditions.
7.1 In purchasing the Baby Sleep Project from the website you agree to pay using a valid credit card or bank account
7.2 Provide The Baby Sleep Company with current and complete information as detailed in the purchase order form including but not limited to full legal name, street address, telephone number, email address and billing information as required without limiting The Baby Sleep Company’s rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete.
7.3 All transfers conducted through The Baby Sleep Company Baby Sleep Project website (www.babysleepproject.com) are handled through PayPal (www.paypal.com) which is a dedicated website fit to handle e-commerce transactions. Terms and conditions of PayPal transactions can be found on their website and by purchasing our Baby Sleep Project through The Baby Sleep Company you are agreeing by their terms and conditions.
7.4 All payment amounts are represented in Australian dollars (AUD) as this is the currency of the host country. PayPal will convert the transaction price but The Baby Sleep Company is not liable for any discrepancies in the charges for international currencies. All currency conversions and their calculations are made through PayPal.
7.5 All advertised prices for our Sleep Solution Program are in AUD.
8.1 You expressly acknowledge that your use of the website and the Baby Sleep Project is at your sole risk
8.2 If The Baby Sleep Company decides the Baby Sleep Project you have registered for will not go ahead for any reason then the purchase will be refunded in full however it is at the sole discretion of The Baby Sleep Company.
9.0 Medical Disclaimer
9.1 The Baby Sleep Company is not a medical organisation and therefore cannot give medical advice or assistance in any form. Nothing in the Baby Sleep Project should be taken as medical advice nor should it be interpreted as a substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances or needs.
9.2 You are solely responsible for evaluating and assessing your own health and wellbeing and that of your child. The Baby Sleep Company encourages you to seek appropriate medical advice before commencing the Baby Sleep Project.
10.0 Limitation of Liability
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall The Baby Sleep Company be liable to you for any injury, or incidental, undue damages, including damages for loss of income, data, or personal injury, death or consequential damages except to the extent such limitation or exclusion or liability is not permitted by law.
11.0 Our Rights to Modify Services
You acknowledge that The Baby Sleep Company is entitled at any time to change, modify, vary, delete, or otherwise deal with changes on the website or changes to the Baby Sleep Project and/or the Terms and Conditions as we see fit.
12.0 Increase in Fees
The Baby Sleep Company may at any time increase the fees associated with accessing the content in the Baby Sleep Project
These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
14.1 You agree to indemnify us to the full extent needed from any and all third part claims, liabilities, costs, expenses including but not limited to solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the website or from your breach of any of the Terms and Conditions causing any loss or damage to us.
14.2 You are liable for all content posted by you on any form of social media including in relation to the website and the Baby Sleep Project including in relation to any social media platform used by The Baby Sleep Company.
14.3 You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, advertising standards and social media legal considerations as they may arise or be applied to you in respect to any content you post on or about the website and/or the Baby Sleep Project.
14.4 You agree to indemnify us for any claims, losses, liabilities, costs or expenses incurred by us you may cause or contribute to such losses.
15.0 Refunds and Guarantee of Improvement
15.1 The Baby Sleep Company agrees to refund you the entire cost of accessing the information provided in the Baby Sleep Project only if after a month of consistently applying on of the sleep guidance techniques you see no improvement in your child’s sleep at all providing that you have given The Baby Sleep Company ample opportunity to respond to any concerns that you have lodged via the client help email address of [email protected]
15.2 If The Baby Sleep Company believes that you have not been consistently applying the sleep guidance techniques or feels that you have not given us the opportunity to help you via the client help email address, we reserve the right to decline the refund of your purchase price.
15.3 Guarantee of improvement only applies within the initial six (6) month purchase and not during any subsequent renewal periods.
16.1 We will use our best endeavours to protect your privacy as provided by you with respect to your personal information and by your provision of your personal information as referred to in these Terms and Conditions. The information you provide is only available to The Baby Sleep Company and will not be shared with any other third parties within Australia or internationally without your express permission.
16.2 We will manage your personal information in strict accordance with the requirement of Australian laws.
16.3 We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will be free from third party interference and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information that you do so at your own risk.
17.1 Entire agreement: These Terms and Conditions form the entire agreement between us and you in relation to the website and the Baby Sleep Project and your use of it.
17.2 Waiver: Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
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