Welcome to the Sombelle online sleep programs! These terms apply when you sign up for our online course through our website, being https://sombelle.infantsleep.com.au/ and any other websites we operate with the same domain name and a different extension (Website).

 

1. HOW TO READ THESE TERMS

In these terms, we also refer to Melbourne Infant Sleep Pty Ltd ABN 33 651 359 821 as “Sombelle”, “our”, “we”, or “us”. And you are you!

To make it easier for you to understand the terms on which we provide, and you use, the Online Program, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Online Program” in these terms, we mean our online sleep program developed to provide individualised approaches to support baby and toddler sleep and settling and any of the services provided during an Online Program, including access to our e-books, written resources, video content and other associated materials (Services).

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

 

2. ACCEPTING THESE TERMS AND CONDITIONS

Before you enrol in our Online Program, or otherwise engage with the Online Program, please carefully read these terms. If you don’t agree to these terms, please don’t enrol in the Online Program. By clicking “accept” when you create an account, or otherwise proceed to engage with the Online Program, you agree to be bound by these terms.

 

3. ENROLLING IN THE ONLINE PROGRAM

(a) To enrol into the Online Program, you will need to create an account (Account) and pay the Fees (as defined in clause 6(a)(i)).

(b) By creating an Account and paying the Fees or otherwise accessing the Online Program (Program Enrolment) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and

(ii) you are authorised to use the debit or credit card you provide for your Program Enrolment.

(c) Enrolling in the Online Program constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Online Program you have ordered in exchange for your payment of the total Fees listed upon checkout.

(d) These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Program Enrolment has been accepted.

 

4. OUR PROGRAM

(a) The Online Program is designed to teach you about individualised approaches to sleep and settling to support baby and toddler sleep health.

(b) We will endeavour to ensure that the Online Program provided will be substantially the same as the Online Program as described on our Website.

(c) Once we have received payment of the Fees you will be granted access to the Online Program. The Online Program is provided in a pre-prepared and pre-recorded format, to be viewed online through your Account and not downloaded, reproduced or republished by you in any way, unless otherwise stated in writing on the Website.

(d) As part of your Program Enrolment, you may be invited by us from time to time to submit questions for us to consider on our associated blogs or podcasts published by Sombelle. You give us consent to discuss these questions though we do not guarantee that your questions will be necessarily chosen for discussion.

(e) You are responsible for managing your Account and ensuring that you only access and engage with the Online Program in an appropriate manner.

 

5. YOUR ACCOUNT AND LICENCE

(a) Your Account will be valid for 12 months from the date of your Program Enrolment for the core materials of the Online Program (Program Term).

(b) You are granted a limited licence to use the Online Program for your own personal, non-commercial purposes during the Program Term.

(c) You must not give access to your Account to any other person.

(d) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Program to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Program, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.

 

6. PAYMENT

(a) All Fees are:

(i) as displayed and accepted by you at the time of checkout (Fees);

(ii) in Australian Dollars; and

(iii) subject to change without notice prior to your Program Enrolment.

(b) (Payment obligations) You must pay the Fees in full at the time of your Program Enrolment.

(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.

(d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for the Online Program, which is currently Stripe and Kajabi Payments. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible here for Stripe and here for Kajabi Payments, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Program Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Program at the correct Fees or cancelling your Program Enrolment. If you choose to cancel your Program Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.

 

7. VOUCHERS AND DISCOUNT CODES

(a) We may provide promotional offers and codes offering a discount on the Online Program (Voucher). To use a Voucher, you will need to enter its code at checkout.

(b) A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.

 

8. DISCLAIMER

While the Online Program has been prepared with every effort to help you and your child achieve better sleep, the information provided in our Online Program is general in nature and does not replace the advice given by your health care team.

Our Online Program does not take into account your personal circumstances or specific goals. Our Online Program discusses the natural variation that occurs between children, and the many methods you might choose from to improve sleep. Some approaches in our Online Program will not be the right fit for you. All information provided as part of our Online Program is not intended to be professional advice of any kind and should not be relied on as such.

Many factors will be important in determining whether you achieve any actual results in relation to sleep and settling and there is no guarantee that you will be able to improve this, or achieve any other personal goals (whether communicated to us or not) within any timeframe or at all. You are the best person to decide what approach suits your baby best. If an approach doesn't feel like the right fit, you should not use it. If you have concerns about the wellbeing of your child, always speak to your family doctor or health nurse.

We make no representation or guarantee that our Online Program will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Online Program you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you or otherwise done by you are done so at your own risk. By not seeking appropriate professional advice, you accept the risk that the information contained in our Online Program may not meet your specific needs, circumstances or goals.

If you require personally tailored advice, Online Program members can book a coaching call from the Online Program dashboard, or, consider engaging our Consultation services: https://www.infantsleep.com.au/

 

9. COLLECTION NOTICE AND PRIVACY

(a) We may collect personal information about you in the course of providing you with our Online Program, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy https://sombelle.infantsleep.com.au/privacy-policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

 

10. INTELLECTUAL PROPERTY

10.1 OUR IP

Intellectual Property Rights in the Online Program and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

You will not under these terms acquire Intellectual Property Rights in any of Our IP.

 

10.2  DEFINITIONS

For the purposes of this clause 10:

(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

 

11. CHANGES TO YOUR COURSE ENROLMENT

(a) Once we confirm your Program Enrolment, we generally do not allow for change of mind cancellations or refunds of your Program Enrolment unless otherwise agreed by us in writing.

(b) Nothing in this clause 11 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).

 

12. PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

Subject to your agreement of non-disparagement of us and the Online Program, you may publish general information about what you have learnt from the Online Program, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Online Program. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.

 

13. DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Program will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

 

14. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

14.1 THIRD PARTY GOODS AND SERVICES

(a) To provide you with the Online Program, we may use goods or services provided third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms). At this time, we use Kajabi as our host platform and its Platform Terms of Service are available at https://legal.kajabi.com/policies/terms.

(b) Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of the Online Program.

(c) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Online Program or any issues experienced in Program Enrolment.

(d) You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Online Program and you will need to cancel in accordance with this agreement.

 

14.2 THIRD PARTY CONTENT

The Online Program may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Program (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

 

14.3 LINKS TO OTHER WEBSITES

(a) The Online Program may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Online Program does not imply our approval or endorsement of the linked website.

(c) Where the Online Program contains links to other websites offering products that may be purchased by you, we may receive a referral fee from the third party to thank us for the introduction. This fee is covered by the third party and is at no additional cost to you.

 

15. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Program. You should take your own precautions to ensure that the process that you employ for accessing the Online Program does not expose you to risk of viruses, malicious computer code or other forms of interference.

 

16. REPORTING MISUSE

If you become aware of misuse of the Online Program by any person, any errors in the material in the Online Program or any difficulty in accessing or using the Online Program, please contact us immediately using the contact details or form provided on our Website.

 

17. SERVICE LIMITATIONS

While we will use our best endeavours to ensure the Online Program is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

(a) the Online Program may have errors or defects;

(b) the Online Program may not be accessible at times;

(c) messages sent through the Online Program may not be delivered promptly, or delivered at all;

(d) information you receive or supply through the Online Program may not be secure or confidential; or

(e) any information provided through the Online Program may not be accurate or true.

 

18. NOTICES

(a) A notice or other communication to a party under these terms must be:

(i) in writing and in English; and

(ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

 

 

19. WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

 

20. LIABILITY

 

20.1 Liability

(a) To the maximum extent permitted by law and subject to clause 1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the value of the Fees paid for the Online Program.

(b) Clause 1(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of third party intellectual property rights.

 

20.2 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

 

21. DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

 

22. TERMINATION

22.1 AUTOMATIC TERMINATION

Your Account will terminate automatically at the end of the Program Term (whether you have accessed the Online Program or not).

 

22.2 TERMINATION FOR CONVENIENCE

Either party may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party.

 

22.3 TERMINATION FOR BREACH

(a) Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.

(b) A “Breach” of this agreement means:

(i) a party considers the other party is in breach of this agreement and notifies that other party;

(ii) the other party is given 10 Business Days to rectify the breach; and

(iii) the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.

 

22.4 EFFECT OF TERMINATION

Upon termination of this agreement:

(a) your Account will be terminated and you will no longer have access to the Online Program;

(b) each party must return all property and Confidential Information to the other party;

(c) each party must comply with all obligations that are by their nature intended to survive the end of this agreement, including without limitation; and

(d) each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

 

23. GENERAL

23.1 GOVERNING LAW AND JURISDICTION

These terms are governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

 

23.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

 

23.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

 

23.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

 

23.5 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

 

23.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

 

23.7 ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

 

23.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.