1. About the Website

(a) Welcome to www.sleepysmalls.com.au (Website). The Website is a platform for engaging in infant sleep consultant services, education and

related products (Services).

(b) The Website is operated by Sleepy Smalls Co (ABN 28 862 010 262). Access to and use of the Website, or any of its associated Products or

Services, is provided by SleepySmalls Co. Please read these termsand conditions (Terms) carefully. By using, browsing and/or reading the Website,

this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of

the Website, or any of Services, immediately.

(c) Sleepy Smalls Co reserves the right to review and change any of the Terms by updating this page at its sole discretion. When of Sleepy Smalls

Co updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take

immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by processing payment when booking a service, or by

clicking to accept or agree to the Terms where this option is made available to you by Sleepy Smalls Co in the user interface.

3. Registration to use the Services

(a) In order to access the Services, you must first register for an account through the Website (Account).

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information

about yourself(such as identification or contact details), including:

(i) Email address

(ii) Telephone number

(c) You warrant that any information you give to Sleepy Smalls Co in the course of completing the registration process will always be accurate,

correct and up to date.

(d). Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the

Terms.

(e). You may not use the Services and may not accept the Terms if:

(i) You are not of legal age to form a binding contract with Sleepy Smalls Co; or

(ii). You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are

resident or from which you use the Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:

(A) the Terms; and

(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any

other person may result in the immediate cancellation of the Services;

(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sleepy

Smalls Co of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Sleepy

SmallsCo providing the Services;

(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed

or approved by the management of Sleepy Smalls Co;

(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by

electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without

notice and may result in termination of the Services. Appropriate legal action will be taken by Sleepy Smalls Co for any illegal or unauthorised use

of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Information Disclaimer

(a) Sleepy Smalls Co does not guarantee specific results or experiences through the use of the Products and Services. Any information, advice,

content or documentation provided through the Services, the Products, including in any Eproducts, in the blog, on the Website or on any other

related platform do not constitute medical, professional, psychological or other advice, and are provided for general information and guidance

purposes only.

(b) All care is taken in the preparation of the information and published materials including in the Services, the Products, in the associated blog,

on the Website or on any other related platform. Sleepy Smalls Co does not make any representations or give any warranties about its accuracy,

reliability, completeness or suitability for any particular purpose.

(c) To the extent permissible by law, Sleepy Smalls Co will not be liable for any expenses, losses, damages (including indirect or consequential

damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your

reliance on the information, advice or documentation in the Services, the Products, associated blog, on the Website or on any other related

platform.

6. Mailing List Registration

(a) You may be given the option to register for the Sleepy Smalls Co Mailing List (the 'Mailing List').

As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details),

including:

(i) Email address

(ii) Name

(b) If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Sleepy Smalls Co.

7. Payment

(a) All payments made in the course of your use of the Services are made using Calendly and Stripe. In using the Website, the Services or when

making any payment in relation to your use of the Services or Products, you warrant that you have read, understood and agree to be bound by

the Calendly and Stripe terms and conditions which are available on their websites.

(b) Following payment of the Purchase Price being confirmed by Sleepy Smalls Co, you will be issued with a receipt to confirm that the

payment has been received and Sleepy Smalls Co may record your purchase details for future use.

(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your

financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with

the Services Fee.

(d) You agree and acknowledge that Sleepy Smalls Co can vary the Services Fee at any time.

(e) All payment transactions completed in person utilising eftpos or tap and go methods will incur a 1.1% surcharge at the time of purchase.

(f) If you choose to provide payment with any third party platform such as Link, AfterPay or Zip, in using the Website, the Services or when

making any payment in relation to your use of the Services or Products, you warrant that you have read, understood and agree to be bound by

the terms and conditions relevent to your chosen payment method, which are available on their websites.

8. Cancellation and Refund Policy

(a) Sleepy Smalls Co understands that things change, and therefore if you need to make a request to alter your session time you agree to

provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will

forfeit the session, and the Purchase Price involved.

(b) Where appropriate and at the discretion of Sleepy Smalls Co, all efforts will be made to reschedule purchased services, precluding

consideration of a refund.

(c) If a sleep plan has already been delivered as part of your purchased service package, there will be no refund of payment.

(d) Where rescheduling of services delays implementation of the sleep plan by 3 weeks of more, a new intake form will need to be completed

and new customised sleep plan designed.

(e) Sleepy Smalls Co will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if

Sleepy Smalls Co makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

(f) Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.

9. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Sleepy Smalls Co are subject to copyright. The material on the Website is

protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights(including copyright)

in the Services and compilation of the Website(including but not limited to text, graphics, logos, button icons, video images, audio clips, Website

code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Sleepy

Smalls Co or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Sleepy SmallsCo, who grants to you a worldwide,

non-exclusive, royalty- free, revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

(c) Sleepy Smalls Co does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly

reserved by Sleepy Smalls Co.

(d) Sleepy Smalls Co retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the

Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing,

system or process).

(e) You may not, without the prior written permission of Sleepy Smalls Co and the permission of any other relevant rights owners: broadcast,

republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services

for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely

available for re-use or are in the public domain.

10. Privacy

(a) Sleepy Smalls Co takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to

Sleepy Smalls Co's Privacy Policy, which is available on the Website.

11. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the

Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Sleepy Smalls Co will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably

foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out

of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services),

whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as

available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of

Sleepy Smalls Co make any express or implied representation or warranty about the Services or any products or Services (including the products

or Services of Sleepy Smalls Co) referred to on the Website.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission,

computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction,

alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including

third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Sleepy Smalls Co; and

(iv) the Services or operation in respect to links which are provided for your convenience.

12. Limitation of liability

(a) Sleepy Smalls Co's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract,

tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Sleepy Smalls Co, its affiliates, employees, agents, contributors and licensors shall not be liable to

you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under

any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or

business reputation and any other intangible loss.

(c) Sleepy Smalls Co is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on

the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Sleepy Smalls Co, by third parties

or by any of the Purchase Services offered by Sleepy Smalls Co.

13. Competitors

(a) If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business

users or domestic users, then you are a competitor of Sleepy Smalls Co. Competitors are not permitted to use or access any information or

content on our Application. If you breach this provision, Sleepy Smalls Co will hold you fully responsible for any loss that we may sustain and hold

you accountable for all profits that you might make from such a breach.

14. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Sleepy Smalls Co as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing Sleepy Smalls Co with 14 days' notice of your intention to terminate; and

(ii) closing your accounts for all of the services which you use, where Sleepy Smalls Co has made this option available to you.

Your notice should be sent, in writing, to [email protected]

(c) Sleepy Smalls Co may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Sleepy Smalls Co is required to do so by law;

(iii) the provision of the Services to you by Sleepy Smalls Co is, in the opinion of Sleepy Smalls Co, no longer commercially viable.

(d) Subject to local applicable laws, Sleepy Smalls Co reserves the right to discontinue or cancel your membership at any time and may suspend

or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the

Terms or any applicable law or if your conduct impacts Sleepy Smalls Co's name or reputation or violates the rights of those of another party.

15. Indemnity

You agree to indemnify SleepySmalls Co, its affiliates, employees, agents, contributors, third party content providers and licensors from and

against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred,

suffered or arising out of or in connection with your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

16. Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute,

unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of

the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i)Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which

they may mutually agree;

(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be appointed by the 'Australian Mediation Association' or the 'Conflict Resolution

Service';

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without

limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties

must each pay their own costs associated with the mediation;

(iv) The mediation will be held in, Australia.

(d) Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are

confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator

to terminate the mediation and the mediator must do so.

17. Venue and Jurisdiction

(a) The Services offered by Sleepy Smalls Co is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in

relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

18. Governing Law

(a) The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising

out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to

the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this

governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to

obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general

grounds of restraint of trade.

20. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of

the Terms shall remain in force.