TERMS AND CONDITIONS

Welcome to www.borntosleep.com.au (our Site).

This Site gives you an opportunity to browse and purchase services for infant sleep coaching offered
by Lisa Cheetham trading as Born to Sleep ABN 35 456 751 336 (Lisa Cheetham, we, us).

These Terms and Conditions (Terms) govern your use of this Site, as well as Lisa Cheetham’s
products and services, 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 Lisa
Cheetham at [email protected] if you have any questions before engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior
agreements, conduct, representations and understandings.

ACCEPTANCE OF TERMS

1. By accessing, downloading or using the fact sheets and services offered on our Site, whether
or not you purchase further products or services, 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 immediately discontinue your use of the products and/or services.

GENERAL DISCLAIMER

3. All Lisa Cheetham fact sheets, eBooks and other materials provided as part of the 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 our services, purports to offer
medical, psychological, or other professional advice. Use caution and always seek
professional advice before acting on any information that we provide.

4. I understand that every baby is different. While Lisa Cheetham provides support, guidance
and tools to create habits conducive to a positive sleep routine for your baby, we cannot
guarantee results.

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.

YOUR OBLIGATIONS

1. You must make Lisa Cheetham aware of any of your child’s existing medical conditions and
warrant that you have answered all questions asked by Lisa Cheetham regarding your child’s
medical history truthfully. You acknowledge that Lisa Cheetham will be relying on my
disclosures and answers in order to provide the most effective infant sleep coaching services.
Any information collected in response to these questions will be monitored in accordance with
our privacy policy www.lisacheetham.com.au/pivacy-policy

2. When using our products and/or services, you may be given access to Facebook groups,
other online or in person forums (Lisa Cheetham Community) or events in which you may
post comments, photos, messages or other material (Your Content). When posting Your
Content, you agree that you will not post or otherwise publish through this Site or our Lisa
Cheetham Community any of the following:

a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive,
libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening,
abusive, offensive, inflammatory or otherwise objectionable.

b. Content that harasses, degrades, intimidates or is hateful to an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or
disability.

c. Information that includes personal or identifying information about another person
without that person’s consent.

d. Information that constitutes promotion or advertisement for groups, events or
activities organised through competing social clubs, activity sites and internet
platforms, except as otherwise expressly permitted by us.

e. Any information or content that impersonates any person or entity.

f. Any material, non-public information about companies without authorisation to do so.

g. Any advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities or other unsolicited commercial communication (except as otherwise
expressly permitted by us).

3. By posting or otherwise publishing Your Content on our Site or Lisa Cheetham Community,
you:
a. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

b. Warrant that you have the right to grant the above licences;

c. Warrant that Your Content does not breach these Terms; and

d. Consent to any act or omission which would otherwise constitute an infringement of
your moral rights, and if you add any content in which any third party has moral
rights, you must also ensure that the third party also consents in the same manner.

4. We reserve the right (but have no obligation) to:
a. 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; and
b. Monitor use of the Site, and store or disclose any information that we collect,
including in order to investigate compliance with the Terms or for the purposes of any
police investigation or governmental request.

CODE OF CONDUCT

5. Our Site and Lisa Cheetham Community is a space for learning and is a pitch-free,
solicitation-free and sales-free environment.

6. Whilst using this Site and/or our Lisa Cheetham Community, we ask that you not:

a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other user’s privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code.
f. Use manual or automated software, devices, script robots, other means or processes
to access our Site or any related data or information.

7. Please see our Lisa Cheetham Community Guidelines in the appendix to these Terms for
more information.

CONFIDENTIALITY

8. We respect your confidential and proprietary information, ideas, plans and trade secrets
(collectively, Confidential Information) and by using our products and/or services, you agree
to respect the same rights of the other Lisa Cheetham product and/or services participants
(Participants) and representatives of Lisa Cheetham.

9. You agree:
a. 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.
b. Not to disclose such information to any other person or use it in any manner other
than in discussion with Participants during training sessions.
c. 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.
d. 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.

10. 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.

COPYRIGHT AND TRADE MARK NOTICES

11. All material on this Site, in our Lisa Cheetham Community or otherwise delivered by us by us
including (but not limited to) course content, text, graphics, information architecture and
coding (Our Content), is subject to copyright. While you may browse or print Our Content for
non-commercial, personal or internal business use, you must obtain our prior written
permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other
purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
12. The trade marks, logos, and service marks displayed on our Site are the registered or
unregistered trademarks of Lisa Cheetham. The trade marks whether registered or
unregistered, may not be used in connection with any product or service that does not belong
to Lisa Cheetham, in any manner that is likely to cause confusion with customers, or in any
manner that disparages Lisa Cheetham.

RIGHT TO TERMINATE

13. We reserve the right to terminate your use of the Site, Lisa Cheetham Community or our
products and/or services generally if you breach these terms, as determined by us in our sole
discretion.
14. Refunds are not provided for our products and/or services that have been rendered by us,
including where you have been given access to Our Content or our Lisa Cheetham
Community, whether accessed by you or not, unless we are in breach of the Australian
Competition and Consumer Act 2010.

FINANCIAL TERMS

15. The cost, cancellation and refund, if any, details of our products and services are set out
below:

Recommended Retail Price (in AUD)

Product or serviceRecommended Retail Price (in AUD)DurationCancelationRefunds
Start Thriving Discovery callFree15 minsN/AN/A
Online Package$197*1 hour sleep plan/30 minutes start up call and 2 weeks email supportSee small print#Dependant on timing***
Bronze Package$397*2 hour home visit and 2 weeks after-care supportWithin 24 hours before visit scheduled to begin by calling 0488008878 or emailing [email protected]30 Day Guarantee**
Silver Package$599*6 hour home visit and 2 weeks after-care supportWithin 24 hours before visit scheduled to begin by calling 0488008878 or emailing [email protected]30 Day Guarantee**
Gold Package$799*11 hour home visit and 2 weeks after-care supportWithin 24 hours before visit scheduled to begin by calling 0488008878 or emailing [email protected]30 Day Guarantee**
Platinum Package$1500*48 hours of in home care and support. Plus 2 weeks after care.Within 24 hours before visit scheduled to begin by calling 0488008878 or emailing [email protected]30 Day Guarantee**
Add ons$47For additional weekly support via text or emailN/A

 

*These payments ca be made in full or broken down into 4 fortnightly part payments.

**To claim the 30 days guarantee, applies when you have seen absolutely zero sleep changes. You must have followed everything Lisa has recommended and reached out for help prior to requesting a refund. In addition, you must have completed the daily homework (sleep logs) and have sent them through each morning to [email protected] or 0488008878 for review. The amount refunded will then be at the discretion of Lisa Cheetham Ltd.

***Prior to sleep plan being received, a full refund can be claimed. After a sleep plan is received a client will receive a 50% refund. After Initial call has commenced not refund will be given.

# Credit will be charged for no shows and cancellations within 24 hours prior to appointment.

16. Each refund request will be assessed on a case-by- case basis and when genuine value has
not been received or isn’t able to be received, refunds will be granted at the sole discretion of
the Lisa Cheetham team.

17. Invoices for any Lisa Cheetham program are automatically generated and can be requested
at any time by emailing [email protected]

18. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into
with us, you also affirm the same rights and undertakings explained in these Terms to them.
Payment are made via eWay payment structure and square.

19. In circumstances where we invoice you for payment, payment is due and payable by the
payment date noted on the invoice. Failure to make payment by the payment date may lead
to suspension of use of our product and/or services.

HOW IT WORKS

1. Free consult to ensure package is the right fit and payment made via phone or within 48 hours of booking. All packages should be started within 30 days of purchase, unless specifically ordered by the customer due to unforeseen circumstances.

2. Customer to complete intake form and submit to Lisa for assessment. This should be honest and factual, as Lisa Cheetham will not be liable for creating plans based on false information.

3. Personalised Plan drawn up or phone consult held. Extra contact may be required to answer any necessary questions.

4. Complete 2 weeks program, in home, over the phone or independently. With 2 weeks support via email, phone (package dependant).

5. Closing email

IN-HOME SLEEP SUPPORT

20. For the purposes of the paragraphs below, in-home sleep support and other face-to- face
infant sleep coaching services provided by Lisa Cheetham will be referred to as ‘In-Home
Sleep Support’.

21. For any In-Home Sleep Support services, you will be responsible for providing a separate
sleeping surface for your child, a nursery [insert any other others you require clients to
provide].

22. You promise to be cooperative and responsive, and follow any instructions provided by Lisa Cheetham in the provision of our services. You alone are responsible for implementing any
suggested changes to your child’s routines and habits. Should you fail to follow these
instructions, or otherwise interfere with Lisa Cheetham’s ability to best provide our services,
we reserve the right to terminate any purchased service or package without refund.

23. You hereby waive any and all legal rights you may have against Lisa Cheetham in the
provision of In-Home Sleep Support services. You hereby release, discharge and agree to
hold harmless Lisa Cheetham from any and all liability that has occurred or may occur during
In-Home Sleep Support sessions.

24. You must uphold the duty of care to protect Lisa Cheetham from dangers or risks on your
property when providing in-home sleep support at your home. This includes but is not limited
to structural instabilities, dangerous animals and unhygienic environments.

25. Where the premises of an in-home sleep support session put Lisa Cheetham at any risk, we
reserve the right to terminate the appointment immediately and refuse further service
provision.

LIABILITY IS LIMITED

26. 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 Australian Consumer Laws.

27. 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 our Site, Lisa Cheetham
Community or Our Content.

28. In no event will we be liable for any damages whatsoever, including but not limited to any
direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of
use, profits, data or other intangibles, or the cost of procurement of substitute products or
services arising out of or related to the use, inability to use, unauthorised use, performance or
non-performance of or reliance upon this Site, Lisa Cheetham Community or Our Content.

29. These limitations and terms include (but are not restricted to) loss or damage you might suffer
as a result of:
a. Reliance on the completeness, accuracy, suitability or currency of information,
products or services irrespective of any verifying measures taken by us (including
third party material and advertisements).
b. Failure of performance, error, omission, interruption, deletion, defect, failure to correct
defects, delay in operation or transmission, computer virus or harmful component,
loss of data, communication line failure, unlawful third party conduct, or theft,
destruction, alteration or unauthorised access to records.
c. Accessing websites or servers maintained by other organisations through links on our
Site, Lisa Cheetham Community or products or services. Links are provided for
convenience only. We do not endorse linked websites nor their products and services
and you access them at your own risk.
d. The use of credit card or other financial information, failure to complete (or delay in
completing) any transaction, or other loss or damage arising from any transaction
made or attempted on our Site.

YOUR INDEMNITY

30. 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 our Site, Lisa
Cheetham Community or through use of our products or services.

NO ASSIGNMENT

31. We may assign or transfer our obligations under these Terms at any time, subject to giving
you four (4) weeks prior notice in writing.

DISPUTE RESOLUTION

32. Should a dispute arise between us, we strongly encourage you to contact Lisa Cheetham at
[email protected] to seek a resolution. Any reasonable requests will be considered
and Lisa Cheetham will attempt to resolve the dispute through alternative dispute resolution
procedures, such as mediation or arbitration, as alternatives to litigation.

APPLICABLE LAW

33. These Terms shall be construed in accordance with and governed by the laws of
Queensland. You consent to the exclusive jurisdiction of the courts in Queensland to
determine any matter or dispute which arises between us.

YOUR FEEDBACK

34. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall
treat any information you provide us with, as non-proprietary and non-confidential.
35. If you have questions or comments regarding this Site, or Lisa Cheetham products or
services, please email us at [email protected]

Company Details
Trading Name: Lisa Cheetham t/as Born to Sleep
ABN:  35 456 751 336
Country: Australia
Telephone Number: 0488 008 878
Email: [email protected]

APPENDIX

COMMUNITY GUIDELINES
  • All parents and carers are welcome here. We want people to feel safe when using our groups and
    forums. For that reason, we’ve developed a set of community guidelines, outlined below. These
    policies will help you understand what type of sharing is allowed in our private groups and
    communities, and what type of content may be reported to us and removed. Because of the diversity
    of our community, please keep in mind that something that may be disagreeable or disturbing to you
    may not violate our community guidelines.
    Keep it respectful
    Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or
    we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything
    violating that will be removed.
  • No pitching to the group
    We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing
    people to blog posts with your offers/affiliate offers and publicly asking members to join your
    own Facebook groups or communities. Be cautious of unsolicited private messages to group
    members. If we get multiple complaints that you or someone else is using private messages
    to make unsolicited pitches to members, you may be asked to leave. You should view the
    group as your peers, not your leads.
  • No gated content
    Content posted in the groups cannot be used to harvest leads in any way. If you need a
    feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to
    opt-in to view.
  • Respect confidentiality
    Content gathered in our Lisa Cheetham Community groups cannot be collected, repackaged,
    and/or shared outside the group. Every member of our communities has a right to privacy and
    the right to feel safe that their questions, answers, and experiences remain privy to group
    members only.
  • Keep it on topic
    We reserve the right to remove posts based on off-topic content or offensive content.
  • Partnering with other members
    Access to this group does not mean that Lisa Cheetham endorses anyone’s products or
    services. Please be cautious and do your due diligence when partnering with anyone in the
    group – don’t assume everyone is trustworthy.
  • Report posts that are breaking group policies
    Due to the large amount of people in our groups and communities, it’s sometimes difficult for
    us to catch everything. If you see a post that is questionable, please report it, tag our
    community manager in the comments, or reach out to our community manger directly via
    private message so our team can review them.
  • Breaking the rules
    If you are deemed to be breaking the rules of the group, Lisa Cheetham reserves the right to
    remove you from the Facebook group that the offending behaviour has occurred within.

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