TERMS AND CONDITIONS

Definitions Application

1. All services provided to our customers are subject to these standard terms and conditions of trade.
2. By registering as a Customer, you are also registering on behalf of any business or company you own, control or represent and which you nominate as part of your registration. By registering, you agree to be bound by these Terms, which constitute an agreement between Early Nurturing and you.

DEFINITIONS

Account means Early Nurturing account relating to a Customer.

Products means PDF products that include sleep guides, parenting guides and any other guides, resources or workshops that Early Nurturing provide.

Services means the services to be supplied by us to you as described on the website.

Terms means these Terms and Conditions.

Early Nurturing means Sheridan Solah trading as “Early Nurturing” ABN 528 5477 9979.

Third Party Services means the services to be supplied by a Third Party.

You or your means the Customer.

We, us or our means Sheridan Solah trading as “Early Nurturing” ABN 528 5477 9979.

SERVICES AND PRODUCTS

3. You may book our Services or purchase Products through our website.
4. A link will be provided to you via email to download purchased Products as soon as payment is made.
5. At the time of making payment for our Services you will have to complete an intake form. It is your responsibility to provide accurate and up to date information in the intake form.
6. Services will be conducted via Zoom or phone. At the conclusion of the initial appointment, a personalised plan and resources will be provided for your family within 3 business days via email as a PDF. This plan is personalised and will not apply to all children or families generically. As such, the plan should not be shared with anyone else.
7. If you have purchased one of our Services that involve multiple appointments, the follow up appointments will be booked in during your initial appointment and confirmations sent to you via email. It is your responsibility to ensure you are available on the date and times chosen in agreement during the initial appointment.

8. Any contact made by you outside of the allocated appointment times including emails, DM’s, text messages or other forms of contact will be responded to at the discretion of Early Nurturing. The Services do not include communication or support via email (with the exception of emailed resources and plans by us), DM, text message or other forms of contact and therefore lack of response via these methods does not constitute breach of Services.
9. Any Services or products provided by us are subject to these Terms.

PRICES

10. All prices quoted are in Australian Dollars.
11. We reserve the right to vary the prices from time to time.

PAYMENT AND DEPOSITS

12. You will be solely responsible for all payments. All payments must be made in accordance with these Terms.
13. All Services and Products are subject to a one-time payment, unless otherwise specified by us.
14. All payments must be made in advance of the delivery of Services or Products. Payments can be made by debit cards, all major credit cards, PayPal or Stripe.
15. If we are to use Third Party Services in order to perform our Services, those costs will be charged directly to you by the Third Party. We will seek your consent prior to retaining any Third Party Services.

REFUNDS

16. We do not provide any refunds on our Products or Services except for in accordance with the consumer guarantees provided under the Australian Consumer Law.
17. At least 24 hours’ notice is required for cancellations or rescheduling of Services. If the Service is cancelled or rescheduled with at least 24 hours’ notice no penalty will apply. If Services are cancelled within 24 hours of the appointment, a cancellation fee of 50% of the total cost of the Service will apply. Services that are rescheduled within 24 hours’ notice will incur a rebooking fee of $50.00.
18. The consultation is non-refundable irrespective of whether the support period is utilised by you.

19. No refunds will be provided if success is not achieved during the support period. Due to the nature of the support, there is no guarantee of the results.

20. No refund will be provided if you decide this is not the right service for your family after completing the initial appointment, receiving the sleep or parenting plan or commencing your support period with us.

CUSTOMER’S RESPONSIBILITY

21. You are responsible for

21.1. informing us of any medical conditions that your child may suffer from, particularly those that could impact risk factors related to safe sleep. Not providing complete and detailed information in the intake form is a breach of these Terms.
21.2. informing us of any medical conditions or other factors including but not limited to medications, smoking, and substance use related to each parent or carer that may impact safe sleep or advice received from us.
21.3. following all advice from your child’s medical practitioner that may conflict with any advice provided by us and advise us of any such conflict.
21.4. any impact on your child of you choosing not to follow our advice including information provided by us relating to safe sleep.
21.5. If during the provision of our Services, your child becomes ill we can hold our follow up Services for up to 45 days.
21.6. If during the provision of our Services, we attempt to contact you three (3) times and we receive no response whatsoever, it will be assumed that our Services are no longer required and deemed complete.
21.7. The Initial Consultations include a 20-minute grace period if no contact is made by you. We will attempt to contact you two (2) times and if no response is received within the 20-minute grace period, it will be assumed that our Services are no longer required and deemed complete.

21.8. remaining respectful during the provision of Services and when otherwise engaging with us. Aggression or indecent behaviour will not be tolerated during appointments or in other forms of communication.

DISCLAIMER

22. The advice provided by Early Nurturing is not medical advice. If your child is under the care of a paediatrician, lactation consultant, doctor or other allied health professional, the advice received from those specialists must take precedence over our advice.

INDEMNITY

23. You agree to indemnify us (including our officers, employees, shareholders, agents, affiliates, associated entities or other representatives) from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your breach of the Terms.

RIGHT OF TERMINATION

24. We reserve the right to, at any time, terminate an Account if Early Nurturing in its sole discretion, believes the information provided by you is false or misleading, or otherwise breaches these Terms.
25. We also reserve the right to terminate our Services if you breach these Terms.
26. If you cancel any of the Services, we will charge you for any costs and charges we have incurred as of the date of cancel
27. Access to end of support documentation is only available to clients who complete the support period. Not if the support period is terminated early.
28. All Services and Products are provided in accordance with and subject to the Australian Consumer Law.

INTELLECTUAL PROPERTY

29. Where Early Nurturing has designed, drawn or created goods for the Customer, or designed or made any endorsement or modification thereto, then the copyright in any such design, drawing, material or creation shall reside in and remain vested in Early Nurturing, and shall only be used by the Customer for the purposes of supporting their own immediate family.
30. For the avoidance of doubt by purchasing any of our Products or Services you agree not to reproduce or resell any of our Products, or any material provided to you as part of our Service. This is a breach of our Copyright and we reserve the right to take legal action.

DISPUTE RESOLUTION

31. If there is a dispute between you and Early Nurturing, you agree to notify us promptly of the dispute and resolve the dispute in good faith. If you and Early Nurturing are unable to resolve the dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is not resolved by mediation, either party may pursue any remedy available to it under the laws of New South Wales, Australia.

CONFIDENTIALITY

32. Any order made under these Terms and Conditions is strictly confidential.
33. Early Nurturing sleep and/or parenting plans are specifically drafted for your family. You agree to keep all contents of the sleep and/or parenting plan confidential at all times. You will be in breach of this clause if you send the Early Nurturing sleep and/or parenting plan to any third-party. A breach of this clause may result in the third-party and yourself being liable for loss and damage.

ENTIRE AGREEMENT

34. These Terms are the entire agreement between Early Nurturing and you and will replace any previous discussions or agreements relating to the content of these Terms.

GOVERNING LAW

35. The laws of New South Wales, Australia govern these Terms.

NOTICES

36. All notices should be sent to:
Early Nurturing
hello@earlynurturing.com.au

SEVERABILITY

37. If any clause or subclause in these Terms and Conditions are unenforceable, illegal or void, or makes these Terms and Conditions or any part of it unenforceable, illegal or void, then that clause or subclause is severed, and the rest of the Terms and Conditions remain in force.

CONTACT

38. If you have any questions about these Terms, please contact us on hello@earlynurturing.com.au