Terms of Service
TERMS & CONDITIONS
These terms and conditions (Terms) form the contract between and you (as a member of our membership platform and/or user of our services).
Terms & Conditions
1.1. These terms and conditions (Terms) govern use of the Brain Under Construction Limited (trading name The Gentle Sleep Consultant) (us, our or we) website www.thegentlesleepconsultant.nz and any other app or service designed for access by mobile phones or fixed devices and includes all web pages controlled by us (Site), and related services such as our online courses and membership services (Services).
1.2. We agree to provide you with access to our Site, including the written, video or sound content that is available for you on the Site, membership services, online courses and other digital products available from third party sites, and content posted by other members of the Site (Content) upon the following Terms.
1.3. By paying for any Content of Services, you agree to be bound by, and to abide by these Terms with effect from the date of payment being received from you by us.
1.4. If you breach these Terms we reserve the right to terminate your membership and/or license to use any Content. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one-on-one services or other Content we offer will be subject to another contract.
2. Your rights and obligations
2.1. Subject to these Terms, we agree to provide to you some or all of the Content and/or Services described on our Site at the prices we charge from time to time.
2.2. In the case of audio, video or online course content hosted on our Site, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Site.
2.3. You agree that you will not copy, reproduce, distribute, amend in any way or use the Content other than as set out in these Terms and that you must not sell, transfer, lease, modify, distribute or publicly perform the Content provided to you by us.
2.4. If we give you free access to a Service or feature on our Site which is normally a paid Membership only feature, and that Service or feature is usually subject to additional contractual terms, you agree that you will abide by those additional terms in order to gain access to that feature.
2.5. Any passwords or user IDs used for access to our Site are for your personal use only and must not be shared with anyone else. You will be responsible for the security of your password and user ID and will notify us immediately if you become aware of any unauthorised use or other breach of security.
2.6. You are prohibited from using our Site, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
2.7. You will only use our Services and Content in accordance with our instructions. In particular, you must not leave a child unattended and unsupervised at any time.
3. Our rights and obligations
3.1. Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and the Content. Your use of our Site to participate in our online course and/or digital products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.
3.2. We may, at any time and without notice to you, discontinue our Site in whole or in part. We may also exclude any person from using our Site and our Content, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
3.3. If you are in breach of any term of this agreement, we may:
publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication;
terminate your account and refuse access to our Site;
remove or edit Content, or cancel any order at our discretion;
issue a claim in any court.
4. Pricing and Payment
4.1. The Price of our Content and Services is listed on our Site at the time of purchase. We try and ensure that all details, descriptions and prices that appear on our Site are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to correct it as soon as we are reasonably able.
4.2. Payment must be made by the method you choose from our Site (Payment). Payment may be subject to additional fees, terms and conditions imposed by the third party payment processor we use (if applicable). Where a third party payment processor is used for Payment, please review the relevant fees and terms of that processer before choosing your payment method. You will be charged in New Zealand dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.
4.3. Refunds are not available for courses, guides, 1:1 support or membership services that are accessed or downloaded from us.
4.4. Refunds are not available because you forgot to cancel your subscription.
4.5. Failure to pay will result in suspension or termination of your subscription or revoked access to any services or products purchased.
4.6. Cancellation of your subscription for the membership service is done by emailing thegentlesleepconsultant@gmail.com and will be effective at the end of the current billing cycle.
4.7. For the membership service your subscription will automatically renew at the end of each billing cycle unless you cancel it.
4.8. For the membership service there is a minimum joining time of 3 months before your subscription can be cancelled, thereafter it can be cancelled at any time.
4.9. If you have subscribed to our membership site or program all subscription plans will automatically renew each month unless cancelled by email to thegentlesleepconsultant@gmail.com with one months’ notice in advance.
5. Delivery of Content to you
5.1. All electronic Content will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.
6. Limitation on claims
6.1. We have no liability to the extent that a failure of the Content or other product or Services you purchase from us caused by any act or omission on your part.
6.2. Our liability for failure to comply with a consumer guarantee under the New Zealand Consumer Guarantees Act is limited to:
6.3. in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
6.4. in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
6.5. Subject to the preceding paragraphs, no attempt is made to exclude or limit liability arising under the New Zealand Consumer Guarantees Act to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to the Contract or these terms of service or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.
6.6. Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be limited to the amount of your monthly Membership fee.
6.7 Neither party shall be liable to the other in any possible way, for any loss or expense which is:
indirect or consequential loss; or
economic loss or other loss of turnover, profits, business or goodwill.
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
any act, neglect or default of yours in connection with this agreement or your use of the Services;
your breach of this agreement;
your failure to comply with any law;
a contractual claim arising from your use of the Services.
7. No guarantee
7.1. While every effort has been made to accurately represent the courses we offer and the likely outcome, there is no guarantee that you will achieve the results that you may have expectations of. In this regard, your level of success in completing any digital online course offered by us depending on the time you devote to the program and other external factors.
Since these factors differ according to different individuals we cannot guarantee your success or any particular outcome or other external outcomes including the following:
the successful creation or continuation of your own online course;
an increase in customers due to a new social media management strategy; or
better management of your social media.
You enter into any online course or program of study we offer on this basis.
7. Disclaimer
7.1. You acknowledge and agree to proceed on the basis that:
The information provided in our digital products (including Online Courses) is compiled from our experience;
The information does not constitute medical or professional advice, nor is it a substituted for advice from an approved health care professional; and
We make no guarantees as to the likely outcomes or otherwise of participating in the Online Courses or any other Services offered by us.
7.2. You warrant that you have not relied on any testimonials published by us as a reliance to purchase the online course or otherwise purchase the digital products we offer and undertake that you will participate in this course on that basis and hold us harmless if you do not achieve the results you desire.
7.3. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
7.4. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
7.5. The Site and our Membership and Services are provided “as is”. We make no representation or warranty that the Site, Membership or Services will be:
useful to you;
of satisfactory quality;
fit for a particular purpose;
available or accessible, without interruption, or without error;
your use of the Membership Services or the Site, or the exercise of any right granted under this agreement will infringe any other intellectual property or other rights of any other person.
7.5. Our Site may contain links to other third party Internet websites (Third Party Sites). We do not have power or control over any Third Party Sites and you acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
7.6. From time to time we may arrange Membership events on third party platforms like Facebook, Zoom or other platforms. In attending these events you will be responsible for your internet security and passwords and we shall not be liable for any loss or damage arising from use of such platforms to attend Membership Events.
8. Miscellaneous Matters
8.1. The above terms set out these Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
8.2. We may modify these Terms from time to time by posting the amended Terms on our Site. By continuing to use the Site and any associated third-party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Site and any other associated third-party platform hosting our Content.
8.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
8.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
8.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
8.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
8.7. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 24 hours of recorded delivery;
if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if the sender has received no notice of non-receipt.
8.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
8.9. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
8.10. Neither party shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond its reasonable control.
8.11. The laws in force in New Zealand govern these Terms. You agree to submit to and be bound by the exclusive jurisdiction of the New Zealand courts.
1:1 Support Terms and Conditions:
Terms & Conditions
Once you make a payment to us, these terms and conditions (Terms) form a binding agreement between us.
• You agree that you will follow the safe sleep guidelines and recommendations
• You will never be asked to cease breastfeeding or bedsharing, however, The Gentle Sleep Consultant, cannot be held liable for any event arising from bedsharing and you agree to follow the Safer Bedsharing Guidelines provided by Plunket or your countries equivalent safe sleep organization.
• You agree to consult your GP prior to your consultation if your baby has any medical conditions or areas of concern that are outside of The Gentle Sleep Consultant’s scope of practice and agree to disclose any medical conditions that may relate to sleep, to The Gentle Sleep Consultant.
• Full Payment for all packages is required prior to your video consultation
• Should illness or other unforeseen circumstances arise and we are unable to go ahead with this booking, you will have 1 month to reschedule your appointment.
• Pauses can be made for illness during the consultation however, the consultation must resume immediately after the sickness has passed, and no more than 1 week from the date of the pause unless otherwise agreed. It is the client's responsibility to contact The Gentle Sleep Consultant when they are ready to resume the consultation, or, at the end of the 1 week pause period.
• By accessing, paying for or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
• Your sleep plan has been written specifically for your child and you agree to not share this information with any third party.
• Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Cancellations:
It is your parental right to cancel the consultation if you ever feel that sleep coaching is not the right for you or your child, however, we cannot provide refunds once the consultation has taken place.
Cancellations made more than 48 hours before the appointment time will be refunded the consultation fee minus a $50 administration fee or a credit to the value of the booking if directly organised with The Gentle Sleep Consultant.
Cancellations made to any appointment, within 48 hours of the appointment time are non-refundable, as these bookings will not be able to filled with other appointments.
If your appointment is rescheduled, the appointment is then non-refundable should you choose to cancel thereafter.
Once the consultation has been provided, the consultation is non-refundable irrespective of whether the support period is utilised by the Customer, including if success if achieved prior to commencing the support period.
Follow up video calls/phone calls as part of the One Month Sleep Support Package, Two Week Sleep Support Package and Antenatal And Newborn Sleep Support Package also require 48 hours notice to cancel, unless otherwise agreed with The Gentle Sleep Consultant. If cancellation is not made prior to this time, the consultation will be forfeited.
It is the responsibility of the client to use the follow-up period, whether that is via sleep diary, sleep check-in calls or sleep check-in emails. The support period is non-refundable, whether or not the follow up support is utilised.
If the Customer does not answer at the time of the consultation, we will send you a text message to confirm we are trying to reach you. It is the Customer's responsibility to return the text message or the phone call to ensure the consultation is completed. If the Customer is delayed with the start time for the consultation, the consultation will still need to conclude at the advertised end time, regardless of the time it started. If the Customer does not answer the phone call, or return the text message, the consultation is forfeited by the end time of our designated consultation time. The consultation will not be refundable in these situations.
The Gentle Sleep Consultant reserves the right to reschedule consultations in the unlikely event of unforeseen circumstances. If a reschedule is necessary, The Gentle Sleep Consultant will offer the next available times or the Customer can request to be refunded for the consultation in full.
Support Period:
Support will be provided as set out in the package you have purchased.
For consultations with follow-up support, your follow-up support period must be commenced within one week of receiving your sleep plan otherwise agreed to by The Gentle Sleep Consultant. Follow up support is provided Sunday-Friday via sleep log review, Sleep Check-in Emails and Sleep Check-in Calls.
It is the responsibility of the Customer to book their Sleep Check-in calls and to utilise their Sleep Check-in Emails.
Emails will be responded to as soon as possible, but within a 48 hour period (Sunday-Friday).
Emails sent outside of business hours will be responded to on the next business day.
Check-in emails are to be initiated by the client as needed, if we do not receive emails from you, we will assume that you are really confident with your sleep plan and do not need the additional troubleshooting.
Disclaimer:
The Gentle Sleep Consultant does not offer any advice, services or treatment relating to medical, nutritional, lactational or psychological care and consultations are not to be a substitute for medical treatment, breastfeeding support, counselling or any other form of medical care. If you have medical concerns, please consult your GP or other qualified professional about your well-being or the well-being of your child. The information written on this website and your child’s sleep plan is not intended nor is implied to be a substitute for medical advice and should be treated as informative and educational purposes only.
Guarantees:
Any changes you make to your child’s sleeping arrangements are at your discretion. The Gentle Sleep Consultant only makes suggestions for change, you are responsible for choosing to implement these suggestions.
Consulting with a The Gentle Sleep Consultant is for educational, informative and supportive purposes only. Due to the nature of holistic sleep support, there can be no guarantees or exact timelines given by The Gentle Sleep Consultant, as much of this will be determined by your child's temperament, unique sensory preferences, the kind of changes being made and any possible underlying conditions.
The Gentle Sleep Consultant does not use any cry-it-out, controlled crying or modified versions thereof and will always endeavour to provide evidence-based services, that are developmentally and age appropriate to your baby, respectful and compassionate in nature, fit within your parenting style and does not compromise responsiveness or attachment. While we do understand this approach will not suit every family, we are unable to compromise our approach to responsiveness when it comes to sleep support or continue working directly with clients who do choose to use this approach.
Equality and non-discriminatory practice:
The Gentle Sleep Consultant is an inclusive service, and will not discriminate against anyone based on their age, race, sexual orientation, gender identity, parenting style, family dynamic, disability, cultural beliefs or religion. If there is anything you would like me to be aware of in regards to this, please feel free to contact me via emailing thegentlesleepconsultant@gmail.com prior to our consultation or make me aware at the beginning of our video call.
“I ACCEPT” “I have read and agree to these terms of purchase”
The Gentle Sleep Consultant
Email: thegentlesleepconsultant@gmail.com
Last update: 1/03/2025