Effective Date: Last Updated May 14, 2018
For these Terms and Conditions, “we”, “us”, “our” and www.sleepylambs.co.uk or www.sleepylambs.com (the “Website”) refer to Sleepy Lambs Sleep Consulting or Mary Foster. Also, any reference to Sleepy Lambs Sleep Consulting includes its principals, employees, consultants, agents, heirs, executors, administrators and assigns.
By using this Website or working with a Sleepy Lambs Sleep Consultant, 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.
Sleepy Lambs Sleep Consulting 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
Sleepy Lambs Sleep Consulting 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 Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. 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 Sleepy Lambs Sleep Consulting, 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 Sleepy Lambs 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 Sleepy Lambs Sleep Consulting, you agree as follows:
To release Sleepy Lambs Sleep Consulting from any and all claims, in relation to the Services, that you now have or may have in the future and to release Sleepy Lambs Sleep Consulting 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 Sleepy Lambs Sleep Consulting or anyone for whom Sleepy Lambs Sleep Consulting 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 Sleepy Lambs Sleep Consulting 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 Sleepy Lambs Sleep Consulting as a result of such claim or proceedings, and you shall indemnify and save harmless Sleepy Lambs Sleep Consulting from any such claim for contribution or indemnity;
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 Sleepy Lambs Sleep Consulting, shall be governed by and interpreted solely in accordance with the laws of England 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 Sleepy Lambs Sleep Consulting 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 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in the country of your residence.
You agree that any information you provide to us about yourself or at any other time will be true, accurate and complete.
Section 6 – USE
By accessing, using and/or downloading materials from this Website, you agree to adhere to and comply with all of the Terms and Conditions set out here, and you also agree to do so on behalf of any other person or entity on whose behalf you may be acting.
You also agree not to adapt, alter or create a derivative work from any Content on the Website except for your own personal, non-commercial use. Any other use of Content from the Website requires our prior written permission.
You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of the Website.
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content from the Website in any way except for your own personal, non-commercial use, or as otherwise stated by any terms applicable to any specific part of the Website.
You shall compensate us for any expense, loss or damage we may suffer as a result of any claims and/or liabilities that may arise in any manner from your use of the Website other than in accordance with these Terms and Conditions.
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 Sleepy Lambs Sleep Consulting or any associated companies or third parties (and their products and services) are proprietary marks of Sleepy Lambs Sleep Consulting (or of any associated companies and/or third parties).
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. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Section 11 – 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.
Section 12 – 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 13 – 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 14 – 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 15 – MISCELLANEOUS
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 shall be subject to English Law and subject to the exclusive jurisdiction of the English Courts.
Section 16 – 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:
Sleepy Lambs Sleep Consulting
4 Reed Way, Petersfield, Hampshire GU32 3FL ENGLAND
+44 7845 250733