1. General
1.1. By purchasing a Package for Services, You agree that You have read, understood and agree to be bound by all of these Terms, the Privacy Policy and the Cancellation Policy. In the event of any conflict between these Terms and Conditions and any policy (being either the Privacy Policy or the Cancellation Policy), the terms of that policy shall prevail.
1.2. You agree to comply with the SIDS recommendations on Safe Infant Sleeping and the AAP and Red Nose Safe Sleep Recommendations.
1.3. You must:
(a) Cooperate with Us in all matters relating to the Services;
(b) Disclose to Us all medical conditions Your child has, and other relevant information that may impact on Our ability to provide You with the Services;
(c) Not disclose any information We provide to You, without Our prior permission.
1.4. We:
(a) May recommend You products to use;
(b) Accept no liability if You choose to use the products.
1.5. Our Website may contain links to other websites owned and operated by third parties. We are not responsible for any content on third party websites. We shall not be liable for any loss or damages arising from their content.

2. Provision of the Services
2.1. We will provide You with the Services in accordance with the Package(s) You have purchased.
2.2. We may provide You with additional Services beyond the Services contained in Your Package (“Additional Services”).
2.3. Unless otherwise agreed with You, the Services shall be supplied during Our normal business hours of 8:30am to 5:00pm on weekdays.

3. Payment
3.1. Sales of any Guides by Us are final. Payment for any Guides will not be refunded in any circumstances.
3.2. You must pay the Fee to Us in full before We provide You with any Services.
3.3. We may charge You for Additional Services provided, at Our Hourly Rate. Where We charge You for Additional Services, We will issue You with an invoice (“an Invoice”) setting out:
(a) Our time rendered in providing You with the Services;
(b) A description of the Services provided to You; and
(c) The amount payable for those Services.
3.4. An Invoice is payable within five (5) working days from the date of the Invoice.
3.5. We are under no obligation to provide You with any Services where there is an amount owing by You to Us.
3.6. You will be responsible for all costs incurred by Us in recovering amounts owing to Us.

4. Rescheduling
4.1. You may request to reschedule the Services once for no additional charge, by providing Us with written notice at least five (5) working days before the scheduled commencement date for the Services. We may charge You a reschedule fee for any subsequent request to reschedule the Services after the first request.
4.2. We may charge You a reschedule fee for any request to reschedule the Services, made with less than five (5) working days notice before the scheduled commencement date for the Services.
4.3. We will provide You with written notice If We are unable to provide You with the Services for any reason.
4.4. If We provide You with written notice that We are unable to provide the Services:
(a) At least five (5) working days before the scheduled commencement date for the Services, We will reschedule Your commencement date to a date within thirty (30) days of the scheduled commencement date;
(b) Less than five (5) working days before the scheduled commencement date for the Services, You may request to either reschedule the commencement date to a date within thirty (30) days of the scheduled commencement date, or request to cancel the Services in accordance with Our Cancellation Policy.
4.5. While We will try to accommodate Your request, all requests to reschedule the Services are subject to availability.

5. Cancellation
5.1. You may request to cancel the Services.
5.2. Any request to cancel the Services must be made by You in accordance with Our Cancellation Policy.

5.3  Where You request to vary the Services, We may charge You a $75 variation for each subsequent variation of the Services, in the ninety (90) days following the date of the agreed variation.

6. Health and Safety
6.1. The parties agree and acknowledge that:
(a) You are responsible for the health and wellbeing of Your child at all times;
(b) The Services do not constitute medical advice, services or treatment;
(c) Information provided by Us will not be considered medical advice, services or treatment;
(d) You must obtain advice from a medical practitioner or qualified healthcare provider in relation to any questions or concerns with the wellbeing of Your child.
(e) If Your child has a prior medical condition, We may request written confirmation from Your doctor that We can proceed to provide You with the Services.

7. Disclaimer
7.1. We make no representation, guarantee, warranty or claim as to any level of performance or outcome, as external factors outside of Our control may impact on the effectiveness of the Services.
7.2. We may make recommendations to Your child’s eating, drinking and sleeping habits, of which You are responsible for choosing to implement. Your results will depend on the temperament of Your child, and Your implementation of the sleep plan, including Your consistency, dedication, persistence and adoption of Our recommendations.
7.3. Any recommendations We make are specific to a particular child and that information may not be suitable for another child.
7.4. Our liability under these Terms excludes and replaces all other warranties, conditions or obligations imposed or implied by common or statute law, usage or otherwise.
7.5. We are not liable for any indirect or consequential loss or damage which You suffer.
7.6. Our total liability in respect of all claims which You may have against Us for the supply of the Services shall not exceed Our charges for the Services.
7.7. You agree to indemnify Us against any costs, claims, demands, actions and liabilities incurred by Us, arising out of any failure to comply with Your obligations under clause 1.3(b).
7.8. We have full coverage with professional indemnity insurance in place.

8. Legality
8.1. Amendments: We may amend these Terms from time to time by notice to You in writing.
8.2. Variations: Variations to these Terms are only effective if they are agreed in writing and signed by Our authorised representative.
8.3. Waiver: No delay or failure by Us to exercise Our rights under these Terms operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.
8.4. Severability: If a court decides that part of these Terms is unenforceable, the part concerned shall be deleted from the rest of these Terms, which will then continue in force.
8.5. Law: These Terms will be interpreted in accordance with and governed by the laws of New Zealand, and the New Zealand courts will have non-exclusive jurisdiction in respect of all matters between Us.

9. Definitions
9.1. In these Terms, the following words have the following special meanings:
“Consultation” means the email, phone or video chat consultation with You;
“Fee” means the fixed price specified on Our Website, payable by You for the Package(s) You have purchased.
“Guides” means any of the sleep guides sold by Us on Our Website.
“Hourly Rate” means the hourly rate specified on Our Website.
“Package” means the packages for Services as specified on Our Website. Packages may include any combination of the Consultation, Sleep Plan and Support.
“Privacy Policy” means Our policy for use of Your personal information, found here.
“Cancellation Policy” means Our policy for cancellations and refunds, found at here.
“Services” means all services supplied by Us to You at any time, and includes the Consultation, Sleep Plan and Support.
“Sleep Plan” means the plan created by Us for Your child, containing recommendations and advice on how to improve Your child’s sleep;
“Support” means additional recommendations, advice and guidance provided by Us;
“Terms” means these terms of service (as amended from time to time);
“We”, “Our”, “Us” means Sleep Now Limited; and
“You”, “Your” means the party or parties engaging Us to provide Services in accordance with these Terms.
“Website” means https://www.sleepnow.co.nz/.
9.2. For convenience, these Terms have been grouped under different headings, but the headings do not affect the meanings of these Terms.