SleepWellBaby

Terms of Use

Key Points

SleepWellBaby assists in screening and education with the aim of improving the sleep of children 0 to 3 years. 

 

The information contained in SleepWellBaby does not constitute medical advice. Sleepfit is not responsible for counselling or monitoring, concerning medical treatment for you /or your child. Sleepfit does not provide any medical services.

 

The responses you provide to the sleep risk assessment may suggest that you /or your child may have symptoms consistent with a significant health or medical concern. If so, it is your responsibility, not Sleepfit’s, to take action.

 

Sleepfit is bound by the Privacy Act 1988 (Cth) and information collected through SleepWellBaby is kept confidential.

However, in some circumstances, we may be required to provide your name and email address to your employer if you access this program through your workplace. Where you are engaging with SleepWellBaby through your employer, your employer will not access to any of your health or app activity information other than in de-identified aggregated form.

 

There are offers available during the period 12 December 2019 to 31 December 2020 “Promotional Period” for The Hospitals and Contribution Funds of Australia (HCF) members who hold a current and financial HCF hospital and/or extras policy.  To be eligible for the offers outlined at the end of the Terms and Conditions, you will be required to provide your membership number.  HCF will not have access to any of your health or app activity information from SleepWellBaby other than in de-identified aggregated form.

In strict compliance with privacy laws, your personal information may be used or disclosed for research. You will not be identifiable in any publications based on the research. In agreeing to these Terms of Use, you consent to the use or disclosure of your personal information for research.

1. Introduction

These Terms of Use are an agreement between you and Sleepfit Solutions Pty Ltd ACN 162 880 953 (Sleepfit) regarding your use of SleepWellBaby. Access to and use of SleepWellBaby is subject to the conditions specified in these Terms of Use.  If you do not accept these Terms of Use, you are not permitted to download, access or use SleepWellBaby.

2. SleepWellBaby

The SleepWellBaby assists in screening and education with the aim of improving the sleep of children 0 to 3 years. Your use of SleepWellBaby will involve at least the first two steps and maybe more.
 

  1. Screening for common paediatric sleep concerns.

  2. Personalised feedback and report.

  3. A daily educational program, sleep and feed tracking based on your child’s age.

  4. Downloadable reports for your treating health professionals.

3. Use

Subject to your compliance with these Terms of Use, Sleepfit grants you a limited, non-exclusive, non-transferable and revocable licence to use SleepWellBaby subject to the conditions set out in these Terms of Use.  The information contained in SleepWellBaby does not constitute medical advice.

Whilst all care and effort has been taken to provide accurate information within SleepWellBaby and associated websites, the information is general in nature and may not be applicable for or suitable to your and/or your child’s individual circumstances. It is important to understand that the information is intended as a guide only and is not intended to replace an individualised consultation with a qualified health professional. You are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. If you have any concerns about your child’s health or behaviour, or any questions about the advice contained in SleepWellBaby, please consult with your qualified health professional.

Sleepfit is not responsible for counselling or monitoring, concerning medical treatment for you / or your child. It does not provide any medical services. Your use of SleepWellBaby does not give rise to a health professional-patient relationship between you and Sleepfit. If, as a result of engaging with SleepWellBaby, you have a consultation with Tresillian, allied health professional, general practitioner or specialist, the health professional relationship will be between the health professional and you and/or a child in your care.

It is your responsibility to provide accurate and truthful details about yourself / or your child for the purpose of registration and education provided within SleepWellBaby.

All aspects of SleepWellBaby are protected by copyright or other intellectual property rights which are and remain the exclusive property of Sleepfit.  You must not use any part of SleepWellBaby to reproduce, transmit, transfer, distribute, modify, sell, publish, prepare derivative works based upon, permanently store or circulate SleepWellBaby or its content without the written permission of Sleepfit.  You must not attempt to decipher, decompile, disassemble or reverse engineer SleepWellBaby.

4. Identified sleep risks

The responses you provide during sleep assessments or throughout the program may suggest you, or a child in your care, have symptoms of serious sleep or mental disorder (e.g. obstructive sleep apnoea or postnatal depression). You may be advised about what these concerns are, and recommended actions to seek further care with a qualified health professional. It is your responsibility, not Sleepfit’s, to take action. 

If you are advised to seek advice from a medical professional prior to commencing SleepWellBaby, this will be because you have reported symptoms associated with medical conditions that are unlikely to resolve through SleepWellBaby. If you sign-up to SleepWellBaby against this advice, you will not be eligible for the 30-day money back guarantee. 

We advise that you always seek advice from a health professional if you are unsure about the suitability of SleepWellBaby for your situation. When a health professional provides personalised advice that is different to information provided within SleepWellBaby, we advise you to follow the advice of your health professional. 

5. Security

Sleepfit seeks to ensure that SleepWellBaby is free from errors and malicious code and will not harm or unduly interfere with the performance of any computer or device on which SleepWellBaby is accessed.  However, Sleepfit is not liable for any direct or indirect damage caused by viruses or from the content of, or by use of, SleepWellBaby, or that of sites linked to SleepWellBaby.

You must not attempt to probe, scan or test the vulnerability of SleepWellBaby or any related system or network, or breach security of any authentication measures.  You must not interfere with, or attempt to interfere with, the access of any user, host or network to SleepWellBaby, including by sending a virus, overloading, flooding, spamming, or mail-bombing SleepWellBaby, or plant malware on Sleepfit’s computer systems or the systems of its providers.  You must not use SleepWellBaby to impersonate or misrepresent your identity with any person or entity.

6. Liability

Although Sleepfit has taken the greatest care in preparing the content of SleepWellBaby, Sleepfit cannot accept responsibility for the accuracy, completeness or reliability of SleepWellBaby.

To the full extent permitted by law, SleepWellBaby is provided on an “as is” basis only, and Sleepfit provides no express or implied warranty or guarantee of any kind.  To the extent that Sleepfit is permitted by law to limit the remedies available to you for breach of any guarantee under the Australian Consumer Law, it expressly limits its liability to the replacement, repair, or cost of replacement or repair of SleepWellBaby.  Additionally, Sleepfit will not be liable to you for any indirect, special, incidental, punitive or consequential loss or damage arising out of, or in connection with, SleepWellBaby, your access to and use of SleepWellBaby, these Terms of Use, or a breach or wrongful act by us in connection with these Terms of Use.  Our sole liability to you for any direct loss or damage in connection with such matters will be limited to the amount of any fees paid by you to Sleepfit for SleepWellBaby.

7. Availability

We will endeavour to provide continuous uninterrupted access to SleepWellBaby, however you acknowledge that the nature of providing digitally-based programs, digital services may not always function correctly or will be completely unavailable. Availability of the platform may be impacted by technical difficulties, maintenance, or any other cause beyond our reasonable control including (but not limited to) failure of the internet, natural disaster, labour shortage or dispute, or governmental act and may, from time to time, result in interruptions. Sleepfit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of SleepWellBaby with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore SleepWellBaby as soon as practicable.

Sleepfit will always aim to notify you of planned outages in advance and provide updates during these periods. Any planned outages will be scheduled to occur outside peak periods to minimise potential impact on you / or your child.

8. Privacy

Sleepfit is bound by the Privacy Act 1988 (Cth).

Sleepfit collects personal information about you and children in your care, including health information to interact with you, provide you with our services and products, including use of SleepWellBaby, to maintain our business records, to provide you with information about products and services that may be of interest to you, any purpose required or permitted by law, any purpose disclosed to you and to which you have consented, any purpose that you would otherwise reasonably expect, and otherwise to run our business.

In most cases, Sleepfit will collect your personal information directly from you.  However, where it would be unreasonable or impracticable to do so, Sleepfit may obtain it from a third party, such as general practitioners or other health professionals with whom Sleepfit works.  If you do not give Sleepfit the information that we request, Sleepfit may be unable to provide you with its products or services, or not provide them to an appropriate standard.

Sleepfit will not sell or rent any of your personal information with the exceptions below. Sleepfit may disclose your personal information to third parties, such as your agents or representatives, Sleepfit’s service providers, including IT services, insurers, mailing houses; Sleepfit’s professional advisers, including lawyers, accountants and auditors, and government, regulatory and law enforcement authorities.

Where you are engaging with our Sleepfit Platform and Programs through your employer, the information you provide to Sleepfit will be confidential. Your employer will not access any of that information, although Sleepfit will report aggregated, anonymised information about employees to the employer.

Where you are engaging with our Sleepfit Platform via HCF, the information you provide to Sleepfit will be confidential. HCF will not access any of that information, although Sleepfit may report aggregated, anonymised information. HCF will have access to a member number for recording program download and payment.

If you submit comments, ideas or feedback to us, you agree that we can use, disclose, reproduce, distribute and exploit them without any restriction or compensation to you. We will not publish your personal details along with this information to ensure you remain anonymous. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Sleepfit, or obtained from sources other than you.

Sleepfit‘s Privacy Policy is available at our privacy policy page, and it sets out how you can seek to access and correct the personal information that Sleepfit holds about you, as well as how to make a complaint about the handling of your personal information, and how Sleepfit handles complaints.

 

If you have any questions, queries or complaints, you may contact Sleepfit at  hello@sleepfit.com.au.

9. Payments

If purchasing a subscription via the Apple App Store, payment will be charged to your iTunes Account at confirmation of purchase. We never have access to your credit card information. Please visit the App Store privacy statement to learn more about their policies. Subscriptions may be managed by the user and auto-renewals may be turned off by going to the user’s Account Settings after purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Accounts will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.

If purchasing a subscription via the Google Play Store, payment will be charged to the Google Account of your choice. We never have access to your credit card information. Please visit the Google Play Store’s privacy statement to learn more about their policies. Subscriptions may be managed by the user and auto-renewals may be turned off by going to the Subscriptions in Google Play.

If purchasing a subscription via the web, we securely process payments through Stripe. We never have access to your credit card information. Please visit the Stripe privacy statement to learn more about their policies. Subscriptions may be managed by the user and auto-renewals may be turned off by going into the
SleepWellBaby App -> More -> Manage Account -> Your Subscriptions.

Most payment amounts are represented in the currency of your host country but from time to time may be represented in Australian Dollars. Stripe may convert the transaction price but Sleepfit is not liable for any discrepancies in the charges for international currencies. All currency conversions and their calculations are made through Stripe.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

10. Payments

Sleepfit agrees to refund you the entire cost of accessing SleepWellBaby provided by Sleepfit only if after 30 days of consistently applying the sleep guidance techniques provided within SleepWellBaby, you continue reporting no change in your child’s sleep within daily sleep logs within SleepWellBaby.

Requests for a refund can be submitted by emailing hello@sleepwellbaby.io with the email address registered with SleepWellBaby. If for any reason you are unhappy with the service provided by Sleepfit, we request you advise us at the soonest possible convenience to ensure we can work with you to resolve your concern.

If your account activity suggests that you have not been using the program as intended, or you have not taken recommended actions to follow-up physical or mental health concerns with a qualified health professional, we reserve the right to decline the refund of your purchase price.

Refund requests must be made within 60 days of the original purchase date. Refunds on a product/service will only be issued one per product/service per family. All purchases will be refunded back to the original method of payment whenever possible. Amounts refunded will be minus processing fees charged by third-party payment providers such as Stripe.

Once you have been issued a refund, you will no longer be entitled to use SleepWellBaby.

11. Family and Friend’s sharing

SleepWellBaby has functionality for you to personally invite a limited number of friends and/or family members to your account. It is your responsibility to control who you invite to your account and which privacy settings you select for this sharing. 

12. Research

In strict compliance with privacy laws, your personal information may be used or disclosed for research purposes. You will not be identifiable in any publications based on the research. In agreeing to these Terms of Use, you consent to the use or disclosure of your personal information for research.

13. Third party websites and services

SleepWellBaby may contain links to third party websites or resources.  Sleepfit does not endorse, nor is it liable for, any such websites or resources, or any content, products or services available through such websites or resources.  In linking to other websites or resources, you accept sole responsibility for and assume all risk arising from access and use of them.

 

When you access the Tresillian Parent Information Helpline, or any other helpline through the numbers provided within the program, you agree to their Terms and Conditions. Sleepfit is not responsible for the advice provided through Tresillian and other services.

14. Prizes and giveaways

Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Sleepfit or its partners. It is your responsibility to carefully review those terms and conditions.

15. Changes to the Terms of Use

Sleepfit reserves the right to change these Terms of Use at any time. Sleepfit will post any new version of the Terms of Use on the Sleepfit website.  You will be taken to have agreed to the Terms of Use as amended by continuing to use SleepWellBaby.

16. Governing law

These Terms of Use, and any action related to the Terms of Use, are governed by the laws of New South Wales and you and Sleepfit submit to the exclusive jurisdiction of the courts of New South Wales.

These terms and conditions were last updated on 10 December 2019.

Clauses exclusively for HCF Members

Terms and conditions relevant for HCF members and employees

The following offers apply from 10 December 2019 to 31 December 2020 (“Promotional Period”).

Special offer for Eligible HCF Members

The following offers are available to HCF members who hold a current and financial HCF hospital and/or extras policy (“Eligible HCF Members”): 
 

  • 16.1 Sleepfit will provide a 100% discount off the fee for the SleepWellBaby “Once for All” program to the first 700 Eligible HCF Members who: 
     

    • 16.1.1 download the app;

    • 16.1.2 register an account with Sleepfit during the Promotional Period using the promotional code THANKYOU; and

    • 16.1.3 provide their HCF membership number to Sleepfit at the time of registration to confirm their eligibility.

       

  • 16.2 After the first 700 Eligible HCF Members have registered an account with Sleepfit and received the 100% discount referred to in paragraph 16.1, Sleepfit will provide a 20% discount off any SleepWellBaby program fee to each subsequent Eligible HCF Member who: 
     

    • 16.2.1 downloads the app;

    • 16.2.2 registers an account with Sleepfit during the Promotional Period using the promotional code THANKYOU; and

    • 16.2.3 provides their HCF membership number to Sleepfit at the time of registration to confirm their eligibility. 
       

Where the Eligible HCF Member selects a subscription plan, the 20% discount will continue to apply to each subscription payment both during the Promotional Period and after the Promotional Period has ended, until the Eligible HCF Member cancels their subscription.
 

The applicable discount will be displayed to you before you are required to make any payment to Sleepfit.
 

Discount can be applied to only one registered account per HCF membership number.
 

In order to verify your eligibility for a discount, you must supply your HCF membership number to Sleepfit at the time of registration. Sleepfit will use your HCF membership number to verify your eligibility for the discount with HCF and will report to HCF which HCF membership numbers have been used to register an account and claim a discount.  However, Sleepfit will not supply any other personal information supplied by you or collected about you to HCF.
 

HCF (not Sleepfit) is responsible for determining whether or not you are eligible to receive the discount.  However, if you believe your eligibility has been determined incorrectly, please email hello@sleepwellbaby.io for assistance and support in the first instance.
 

These offers are not available to HCF members who hold only: 

  • (a) a standalone ambulance only cover; or 

  • (b) an overseas visitor health cover.

Special offer for HCF employees

  • 16.3 Sleepfit will provide a 20% discount off any SleepWellBaby program fee to each HCF employee who: 

    • 16.3.1 downloads the app;

    • 16.3.2 registers an account with Sleepfit during the Promotional Period using the promotional code HCFSTAFF; and

    • 16.3.3 registers for the account with their HCF email address.
       

Where the HCF employee selects a subscription plan, the 20% discount will continue to apply to each subscription payment both during and after the Promotional Period has ended, until the HCF employee cancels their subscription.
 

Discount can be applied to only one registered account per HCF employee.

Other terms

These offers are not transferable and cannot be redeemed as cash.

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