Terms and Conditions

These Terms and Conditions (Terms) govern your use of products or services made or provided by Sleep of Faith, and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact Sleep of Faith at kelly@sleepoffaith.com.au if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Sleep of Faith’s products and services are intended for people aged 18 and over.

Acceptance of Terms

1. By accessing, downloading or using the products and services offered by Sleep of Faith, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at kelly@sleepoffaith.com.au and immediately discontinue your use of the products and/or services.

General Disclaimer

3. All of Sleep of Faith’s products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
4. Sleep of Faith provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
6. You acknowledge and agree that Sleep of Faith, its directors, principals, employees and representatives are not responsible for decisions that you may make nor outcomes that may arise out of any decision made by you at any time.

Registering Your Details

7. Before you purchase our products and/or services, you must register an account with us.
8. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
9. To the extent that you provide personal information, Sleep of Faith will treat such information strictly in accordance with its Privacy Policy.

Your Obligations

10. By posting or otherwise publishing Your Content in our Communities, you give us rights to share and reproduce your content as long as no identifying factors are shared, unless agreed by you.
11. We reserve the right (but have no obligation) to review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person.

Confidentiality

13. We respect your confidential information and you agree:
1. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
2. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during consultation sessions.
3. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
4. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
5. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
6. Your case may be used for case study purposes with no identifying details used.

Right to Suspend, Terminate and Refund

14. We reserve the right to suspend or terminate your use of Sleep of Faith’s Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
15. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Sleep of Faith Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).

Financial terms
16. If paying by payment plan, you agree that you are committing to pay this in full. If payment plan instalments default, you may have access restricted to products or services. Your card will be kept on file until such time that you are no longer engaged in a payment plan with us. Defaulted payments not rectified in 24 hours will attract a $10 late payment fee.
17. Any products that include access to a community with the name ‘Road to Recovery’ will be an ongoing subscription unless cancelled by you in writing to kelly@sleepoffaith.com.au.
18. A strict no refund policy applies for any products purchased and this will not be otherwise modified.
19. Payment for one on one services is required within 24-hours of booking or your appointment will be cancelled. This may be an up-front payment or agreed payment plan.
20. Cancellations made within 48 hours from the time your consult is booked will incur a 50% cancellation fee.
21. Appointment changes within 24-hours of your scheduled appointment can only be made in special circumstances. Bookings can be rescheduled, but can not be cancelled if contact is made with less than 24-hours to the start time of the appointment. If you can't keep your appointment because you or your child become sick, or there are other circumstances that are beyond your control, and you notify us at kelly@sleepoffaith.com.au within 48 hours we are happy to reschedule with no fees, however if you subsequently cancel this appointment, the 50% cancellation fee still applies.
22. Refunds are not given for change of mind and will only be negotiated where our company is found to be at fault of malpractice. Refunds are not provided when package components are not used in their entirety.
23. I acknowledge that there may be further fees for more time with my educator if the inclusions of the package booked have exhausted. Inclusions of the package booked commence at the time of your initial consultation. One on one support calls do not have an expiry date.
24. I am aware that Sleep of Faith will refer unpaid invoices to a collection agency and I am liable for any collection costs incurred due to unpaid invoices.

One on One Services and Programs

25. Your educator will not provide medical advice in any way, however may refer you to medical professionals. Your educator's dietary advice is a guide only, and should not replace the advice given to you by an IBCLC lactation consultant, dietician, naturopath or nutritionist. I agree to disclose any medical conditions to my educator and review with my child’s health professionals if my educator believes that these may impact the safety of our plan.
26. You agree to follow guidelines set by Red Nose and Kidsafe.
27. Your educator will always endeavour to be on time, however sometimes due to circumstances beyond their control, they may be late for your appointment. You are entitled to reschedule your appointment with no further fees if required.
28. If your educator needs to cancel your appointment for reasons beyond their control, the next available appointments will be offered to you.
29. Your educator will only answer your messages in their allocated work hours.
30. Your educator does not work on public holidays in their locality, unless arranged otherwise prior to the day. If your support falls on a public holiday, you are entitled to a make up day at the end of your support period.
31. Your educator is entitled to take personal and recreational leave. If your support falls on a period of their leave, you are entitled to make this time up at the end of your period.
32. Zoom Group Support Sessions will be held fortnightly at times suitable to Sleep of Faith.
33. Reports specifically written for your child should not to be shared with others in the intention of using this information to support another child as this may be unsafe.
34. Documentation will generally be sent to you within 48 business hours, however delays may occur occasionally.

Virtual Events

35. For the purpose of the paragraphs below, any virtual events hosted by Sleep of Faith will be referred to as ‘Events’.
36. You understand and acknowledge that Sleep of Faith and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Sleep of Faith.
37. You hereby waive any and all legal rights you may have against Sleep of Faith in respect of Recordings of your participation in the event and grant to Sleep of Faith the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
38. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
39. You hereby release, discharge and agree to hold harmless Sleep of Faith from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
40. You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum.

Liability is Limited

41. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.
42. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of Sleep of Faith’s Community or Our Content.

Your Indemnity

43. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within Sleep of Faith’s Community or through use of our products or services.

No Assignment

44. You cannot transfer or assign your Sleep of Faith products or services without Sleep of Faith’s prior written consent.

Dispute Resolution

45. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
46. In the case of claims against us, all notices are to be provided to kelly@sleepoffaith.com.au

Applicable Law

47. These Terms shall be construed in accordance with and governed by the laws of the State of Western Australia and the parties hereby submit to the exclusive jurisdiction of the courts of the State.