Terms and Conditions
TERMS AND CONDITIONS FOR SLEEPING TOTS ONLINE & CUSTOM SLEEP PACKAGES
Sleeping Tots agrees to provide access to the “Baby Sleep 123” online solution and/or a custom service virtually to Customers in consideration for the agreed fee.
By proceeding with the purchase, you acknowledge that you have read, understood and agreed to be bound by the following Terms & Conditions.
You acknowledge that these Terms constitute a binding agreement between Sleeping Tots and yourself.
2. Term and Duration
The Customer will have access to the Online Solution for 8 weeks from first sign in date.
For the one-on-one services, the Customer will have access to the Services of Sleeping Tots for up to 10 days, daytime only (8am to 7pm in Customer’s location), except in the case of overnight consults. Day time response time in the first 3 days will be within the range of your child’s awake time, after Day 4, response time will be within 2 to 2.5 hours.
3. Cancellation and Refund Policy
Due to the nature of the service being provided, all sales are final. Should you decide that you no longer wish to participate in the Online Solution and/or Service, you may end your interactions with Sleeping Tots, but no refund will be issued and you will remain financially responsible for the Service fee.
However, we also make guarantees herein that if after completing the program and the Customer does not see the desired and agreed upon results, Sleeping Tots will further trouble shoot the concern for another 30 days. If after the troubleshooting period the Customer remains unsatisfied, Sleeping Tots will give a full refund to the Customer.
4. Customer's Responsibility
You accept and agree that you are responsible for your progress and results from the Online and/or Service solutions.
5. Non-Disclosure of Service Materials
All Online Solution and Service materials are proprietary, copyrighted and developed solely and specifically by Sleeping Tots. All text, exercises, prompts, videos, audios, transcripts, worksheets, materials, etc. are provided for your personal use only and may not be shared
or reproduced without our written consent.
You agree to keep Solution details confidential. The details are solely for personal use and are non-transferable to a third party.
6. Copyright and Intellectual Property
The Service content and materials are protected by copyright and original materials provided to you are for your individual use only as a single-user license. You are not authorized to use any of our intellectual property for any purpose other than your own personal use. No license to sell or distribute our materials is granted or implied.
(i)not to infringe any copyright, patent, trademark, trade secret, or other intellectual
(ii)not to license, resell, lease, transfer or distribute the provided solutions of the Service to
any third party.
(iii)not to use the Service for unlawful purposes, such as infringing privacy, data ownership
or intellectual property rights.
7. Data Privacy
In providing you this service, we shall maintain all administrative and technical safeguards to protect the security, confidentiality and integrity of your data.
Any feedback, suggestions or recommendations received from you can be incorporated into
our services and products: worldwide; royalty-free; in perpetuity; and to any other product(s) by transfer. You cannot claim any rights to these incorporations, either now or in the future.
8. Force Majeure
No Party shall be liable or indemnify the other Party for failure to perform any obligations when such failure is due to circumstances beyond its reasonable control including but not limited to government interference, direction or restriction, war or civil disorders, strikes, blockade, insurrections, riots, acts of nature, disasters, diseases, epidemics terrorists' actions or other emergencies (“Force Majeure").
In such circumstances, this Agreement may be terminated by written notice from one Party to the other Party with no further obligations and liabilities, provided that all monies due and unpaid are paid and provided that the force majeure event shall have continued for three (3) months from when it was notified.
We reserve the right to cancel the services of a customer immediately, and without warning, if the customer infringes the above terms and the Customer shall not be entitled to a refund.
If, we determine the customer has abused their access rights to the Solution and Service content, we shall wherever possible seek to contact you in advance to notify of such actions and wherever possible, allow the customer a reasonable opportunity to remedy. Failing
which, we shall terminate Customer's services without further warning and take steps to pursue our legal rights in the circumstances.
If any provision in these Terms is held to be unenforceable, such provision shall be deemed separate and divisible from the remaining provisions of these Terms which shall remain in effect.
11. Relationship of the Parties
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship among the parties.
12. Company Independent Contractors/Service Providers
To deliver the service to you, we may utilize the services of independent contractors. Your purchase of the service confirms your acceptance to comply with the terms and conditions of these contractors. Such Service Providers include Thinkific, PayStack, PayPal, Stripe etc.
13. Limitation of Liability
You agree that we will not be held liable for any damages of any kind resulting in or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of our services.
You release the Company, its members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities from any and all damages that may result from any
claims arising from this Agreement, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the program. You accept any and all risks, foreseeable or unforeseeable.
You agree to defend, indemnify, and hold harmless Sleeping Tots from and against any claims, actions or demands, including, reasonable legal and professional Services fees, arising or resulting from your breach of these Terms.
15. Entire agreement; Revisions
These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties). We may amend these Terms from time to time, in
which case the new Terms will supersede prior versions provided such changes to not materially reduce the services delivered to the customer. We will notify you of such changes and direct you to the latest version per time.
This Agreement (including any document in support, if any) and any subsequent amendments constitute the entire agreement between the Parties with respect to the Customer's access to the Service. Each of the Parties hereby acknowledges that in entering into this Agreement, it has not relied on any representation or warranty except as expressly set out in this Agreement or in any document referred to in this Agreement. No variation of this Agreement shall be valid or effective unless made by one (1) or more instruments in writing signed by the Parties.
16. No Other Rights
No other rights or licenses are granted under this Agreement, by implication, estoppel, Statute or otherwise, etc.