Terms & Conditions

  1. Introduction
    1.1 Catherine Thompson trading as Completely Baby ABN 97 817 812 009 (referred to as we, our and us)
    agrees to provide you (referred to as you and your) with our Services, including access to and use of our
    Website, in accordance with these Terms.
    1.2 You may accept these Terms by:
    (a) checking the relevant acceptance box when you register as our client; or
    (b) making a payment or accessing, using or receiving our Services after we have provided you with a
    copy of these Terms.
    If you do not agree with these Terms, then do not access or use our Services.
    1.3 We may amend or replace these Terms at any time by:
    (a) posting the amended or replacement Terms on our Website; or
    (b) emailing you the amended or replacement Terms.
    Your continued use of our Services indicates your acceptance of any amended or replacement Terms.

  2. Services
    2.1 Full details of our Services are set out on our Website. Our Services are delivered online, by email, over
    the phone and in person.

  3. Your responsibilities
    General
    3.1 You will fully cooperate with us in relation to the provision of our Services for you and your baby.
    3.2 In particular, you will:
    (a) seek the advice of a qualified medical practitioner in relation to any medical conditions affecting
    your baby, including any medical conditions which may affect sleep training of your baby;
    (b) provide us with full written details of any medical conditions affecting your baby;
    (c) strictly comply with any medical advice in relation to your baby and only use our Services to the
    extent that this does not conflict with that advice;
    (d) adhere to safe sleeping practices for your baby (including those available at
    https://rednose.org.au/downloads/Safe_Sleeping_Long_Brochure.pdf and
    https://rednose.org.au/section/safe-sleeping);
    (e) provide us with all information relating to you and your baby that we request from time to time; and
    (f) not share, or permit any other person to use, any advice, recommendations or suggestions that we
    provide for you and your baby as part of our Services.

    Acknowledgements
    3.3 You acknowledge and agree that:
    (a) we are not qualified medical practitioners and our Services do not constitute medical advice; and
    (b) you are entirely responsible for determining the suitability of our Services for you and your baby
    (including the suitability of any advice, recommendations and suggestions that we provide as part
    of our Services).

  4. Product Recommendations Disclaimer

    4.1 Disclaimer: The products recommended on the website are based on our personal experience and opinion and are not intended to diagnose, treat or prevent any health condition.
    4.2 Affiliate Disclosure: Some of the products recommended on our website may be affiliate products, and we may receive a commission for any purchases made through the affiliate links.
    4.3 Limitation of Liability: We shall not be liable for any damages resulting from the use of the products recommended on the website or the services provided.
    4.4 Indemnification: The client agrees to indemnify and hold us harmless from any claims, damages, or expenses arising from the use of the products or services recommended by us.
    4.5 No Guarantees: We make no guarantee or warranty, express or implied, that the products or services recommended will result in any specific outcome or improve the client’s baby’s sleep.
    4.6 Product Information: We take no responsibility for the accuracy or completeness of information provided by third parties regarding the products recommended on the website.
    4.7 Safety: The client is solely responsible for ensuring the safety of their baby when using any of the products recommended on the website. It is the client’s responsibility to read and follow the manufacturer’s instructions and warnings.
    4.8 Product suitability: We do not guarantee that the products recommended on the website will be suitable for all babies to toddlers, it is the client’s responsibility to ensure that the products are appropriate for their baby’s age, size, and developmental stage.
    4.9 Changes in terms: We reserve the right to modify these terms and conditions at any time without notice.

  5. Third Party Sites
    4.1 Links on our Website to Third Party Sites are provided for your convenience only and do not constitute
    an endorsement by us.
    4.2 You will not make any claim against us in relation to the Third Party Sites, including in relation to any
    content on, or goods or services provided through, those sites.

  6. Fees and cancellations
    5.1 Full details of our Fees are set out on our Website. Fees for our Services are either payable in advance
    or immediately on completion.
    5.2 We do not provide refunds for cancellations of appointments. However, if you notify us of a cancellation
    at least 24 hours before the scheduled time, then we will reschedule the appointment for a mutually
    convenient time within the next 30 days. Otherwise, cancelled appointments will be forfeited and
    associated Fees are payable immediately.

  7. Rights and remedies
    6.1 Important consumer information: Full details of your Consumer Rights can be obtained from the
    Australian Competition and Consumer Commission at www.accc.gov.au or from a local consumer
    protection agency. Nothing in clause 6 limits your Consumer Rights.
    6.2 Subject to any Consumer Rights and to the extent permitted by law:
    (a) our liability in respect of these Terms is reduced to the extent that the relevant loss or damage was
    caused or contributed to by your breach of these Terms; and
    (b) you indemnify us against any damage, expense, loss or liability suffered or incurred by us
    (including claims by third parties) to the extent caused or contributed to by your breach of these
    Terms.

  8. Termination
    7.1 If you breach these Terms, we may immediately by giving you written notice:
    (a) suspend or terminate your Account; and
    (b) terminate these Terms.
    7.2 Either party may terminate these Terms at any time and without giving any reason by giving the other
    party written notice.

  9. General
    8.1 Subject to any Consumer Rights, these Terms constitutes the entire agreement between the parties as to
    its subject matter and supersede all prior representations and agreements in connection with that subject
    matter.
    8.2 These Terms may only be amended in writing signed by both parties.
    8.3 Each party warrants that it has the authority, power and capability to enter into and to perform its
    obligations under these Terms and that its obligations under these Terms are binding and enforceable.
    8.4 Our obligations under these Terms are suspended during any period in which we are prevented from
    performing them by circumstances beyond our reasonable control.
    8.5 Each provision of these Terms will be interpreted in such manner as to be effective and valid under
    applicable law. If any provision of these Terms is held to be prohibited by or invalid under applicable law,
    that provision is ineffective only to the extent of such prohibition or invalidity, without invalidating the
    remainder of these Terms.
    8.6 A provision of these Terms may not be waived except in writing signed by the party granting the waiver.
    The waiver by a party of a breach by another party of any provision of these Terms does not operate as
    a waiver of another or continuing breach by that party of that provision or any other provision of these
    Terms.
    8.7 You will not assign or novate any of your rights or obligations under these Terms without our prior written
    consent (which we may withhold in our absolute discretion). We may assign or novate any of our rights
    or obligations under these Terms to any person by notice to you.
    8.8 The parties acknowledge that nothing in these Terms constitutes a relationship of joint venture,
    employment or partnership between them.
    8.9 These Terms are governed by the laws applicable in the State of New South Wales, Australia. The
    parties submit to the non-exclusive jurisdiction of the courts of that State.

  10. Definitions and interpretation
    9.1 In these Terms:
    Australian Consumer Law means the Australian Consumer Law contained in schedule 2 to the
    Competition and Consumer Act 2010 (Cth).
    Consumer means consumer as that term is defined in the Australian Consumer Law.
    Consumer Rights means your rights if you are a Consumer contained in the Australian Consumer Law.
    Services means the services described on our Website and any other services that we provide you from
    time to time.
    Terms means this document and any amendment or replacement made by us under clause 1.3.
    Third Party Sites means sites and resources located on servers operated and maintained by a third
    party.
    Website means our website located at www.completelybaby.com.
    9.2 In these Terms:
    (a) words importing the singular include the plural and vice versa;
    (b) a reference to a thing includes a part of that thing;
    (c) references to clauses, parties, schedules and annexures are references to clauses of, and parties,
    schedules and annexures to, these Terms;
    (d) a reference to a party includes its executors, administrators, successors and permitted assigns;
    (e) words importing gender include any gender;
    (f) other grammatical forms of defined words or expressions have corresponding meanings;
    (g) an expression importing a natural person includes a company, partnership, joint venture,
    association, corporation or other body corporate or any government agency;
    (h) a reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes,
    regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a
    reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under
    that statute;
    (i) a reference to a document or agreement, including these Terms, includes a reference to that
    document or agreement as novated, altered or replaced from time to time;
    (j) unless expressly stated otherwise, a reference to currency is a reference to Australian dollars; and
    (k) wherever “include” or any form of that word is used, it will be construed as if it were followed by
    “(without limitation)”.