Booking Terms & Conditions

Welcome to Swoop Baby, founded by Sarah Clifton [ABN 33618464231]. We're thrilled to have you as a client for our sleep consultancy services, designed for families with children aged 0-4. By using our services or our website, you're saying "yes" to our Terms and Conditions, as well as any other rules we have on our website. Just to clarify, when we say "you", we mean any of our clients or customers.

Services we provide

We're excited to work with you and provide quality consulting services. We promise to provide them with care, skill, and diligence. Sarah Anne Clifton or one of her equally talented Representatives will be there to guide you personally. The Consulting Services may include remote and in home consultations. Depending on your request, we may also include a Support Period of 2 weeks. The Support Period begins from your booking/ consultation date. Life happens, and if your little one falls ill during the support period, don't worry. We've got you covered. We can put your plan on hold for up to 3 weeks. If your child needs more time to bounce back, we'll need you to purchase additional support to restart the support period once your child has the all-clear from the doctor. Above all, we agree to:

keep you informed of your and your child’s progress;
keep any documents you give us secure and confidential and return your documents at the termination of this Agreement; and
comply with our privacy policy, details of which you can find on our website.

Your obligations

We may request you to provide some information in relation to the Services. You must provide this information so we may properly perform the Consulting Services. Be sure that all the information you give us is true, up-to-date, and to the best of your knowledge. You’ll need to get back to us within 3 days whenever we ask for more information or want your feedback. You must ensure that you will be on time for your consultation.

There are also certain obligations that you must carry out in order to ensure maximum effectivity of the Plan. You must:

follow safe sleep guidelines as set out by Red Nose Australia;
ensure your child’s safety at all times;
allow us reasonable access to the Site to perform the Services;
do your best to be consistent with the Plan provided;
commit to being home for the 2 weeks Support Period for particular nap time(s) and bedtime/overnight; and
communicate openly and honestly.

No two children are the same and each child may respond differently to different actions. You acknowledge that:

your child may not respond as desired for various reasons (including underlying medical issues);
we are not able to provide any guarantees that our methods will work each time for each child; and
any changes that you make to your baby’s sleeping or eating arrangements are your decision and we only make suggestions for change, you are responsible for choosing to implement.

Reliance on advice

Please understand that we are not medical doctors. If you need medical advice, we recommend reaching out to a healthcare professional. We don't diagnose or treat any medical conditions. Any medical information we provide isn't meant to replace professional advice, and if you choose to rely on it, that's at your own risk. Remember, it's always your choice whether you and your child participate in our services.

No guarantees

We want to be clear that the plan we create is based on the information you give us, and every child's response to a plan can be different and sometimes unpredictable. Because of the nature of the support we provide, we can't promise specific results.

The fees you need to pay

As for the fees, you agree to pay us the Consulting Fee for our Services. We'll send you an invoice for this fee before we start the Services unless we agree on a different time. If we need to travel more than 40km to get to your place, we'll need you to cover a Travel fee. Please make sure you pay all invoices within the time frame stated on the invoice. If you don't, we'll have to charge you interest at a rate of 10% per year, calculated monthly. And if we have to take legal steps to collect the payment, those fees will be on you.

Cancellations, rescheduling and refunds

If you need to cancel and let us know at least 48 hours before your scheduled consultation, we'll give you a refund of 50% of the Consulting Fee. But if you cancel with less than 48 hours' notice, we can't provide a refund.

If you need to transfer any dates we agree upon, please let us know, and we’ll do the same.

You may reschedule, that's no problem - as long as we're available and you give us more than 48 hours' notice. If you give us less notice, we'll have to treat it as a cancellation. Just so you know, any other refunds for cancellations are at our discretion, as far as the law allows. Once a consultation has taken place, we can't provide a refund, whether you choose to follow the plan or use the support periods or not. We also can't refund any unused support periods. And we can't provide a refund if you change your mind, don't give us enough information or don't explain your needs clearly, or if you don't follow our advice.

The Australian Consumer Law

Just to let you know, under Australian Consumer Law, our services come with certain guarantees that we can't exclude. If there's a big problem with the services, you can cancel the agreement and get a refund for the part you haven't used or get compensation for its reduced value. You're also entitled to be compensated for any other loss or damage that was reasonably foreseeable. If the problem isn't a major one, you have the right to have the service fixed within a reasonable time. If we don't fix it, you can end this agreement and get a refund for the unused part.

Intellectual Property

We're the owners (or license holders) of all the Intellectual Property Rights in any Materials we give you during our Services. These Materials are just for you to use for this agreement - you can't use them for anything else. You're also not allowed to copy them. If you want to use the Materials in any other way, you'll need to have our prior written permission, which we can give or withhold at our sole discretion. Any further use will require the payment of license fees.

Publicity

You are okay with use using your first name, baby’s first name, and any photos, videos, and testimonials you provide to us for marketing and information purposes, or publications, exhibitions, and professional awards. Where we take photos or videos of you, we will ask for your consent to use them.

We encourage you to tag us on social media in your positive testimonials or commentary on the business and your experience.

Limited liability and indemnity

If something goes wrong, we'll do one of the following, as allowed by law:

replace the services or the supply of equivalent services; or
pay of the cost of replacing the services or of acquiring equivalent services.

We are not liable for any Loss or Damage which may result from the Consulting Services. Our liability to you will never be more than what amount actually paid by you to us for the most recent invoice we have sent you that has been paid.

You agree to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Consulting Services, and any third-party claims.

Termination

We can suspend the Consulting Services or terminate this Agreement where:

you are not following safe sleep guidelines;
you are not complying with any aspects of the Plan;
your home is deemed unsafe (perceived or known);
both parents or guardians who are primary caregivers for the child in the same household are not willing to implement the Plan; and/ or
any threats are made.

We may also terminate this Agreement if you don't pay our invoices, you breach this Agreement, or you go bankrupt. If we terminate, you'll need to pay us all fees that you owe us up to the termination.

Force Majeure

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that we are unable to do our obligations due to the event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

If there is a dispute

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

The Governing Law and other matters

This Agreement is the whole agreement between us. It replaces all previous talks, promises, deals and arrangements related to its subject matter. If we don't exercise a right or enforce a provision in these Terms, it doesn't mean we're giving up for the future that right or provision. If a part of this Agreement can't be enforced, that part will be cut out as far as the law allows, but the rest of the Agreement will still be in effect. This Agreement is governed by the laws from time to time in force in the state of NSW Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of NSW for determining any dispute concerning this Agreement.

Definitions

“Agreement” means these terms and conditions, and any Proposal we may provide you with.

“Booking” means any booking for a consultation made with us for our Services.

“Cancellation Fee” means the cancellation fee we charge you where you cancel with limited notice.

"Claim" means any claim under statute, tort, contract or negligence, any demand, awards or costs.
“Client” means you, the client making the Booking.

“Consulting Fees” means the consulting fees as further advertised on our website.

“Information” is all information we require and may include any information you provide to us during the Services including but not limited to basic information on the baby such as birth date, birth weight, current weight, siblings, medical problems, who looks after baby, feeding and nutrition, sleep detail including sleep environment, current sleep schedule, how you settle/resettle baby, what are your sleep challenges and sleep goals, and any daily commitments to consider.

“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.

“Loss or Damage” means any direct, indirect, consequential or incidental loss or damage. It includes, but is not limited to any loss, personal injury, death, negligence, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Consulting Services.

“Materials” means any copy, data, information, documents, plans, downloadable products, records, images, and includes, but is not limited to the Plan.

“Plan” means the customised plan we provide to you for assisting with your child’s sleep issues.

“Representatives” means any of our employees, independent contractors, agents, consultants, advisors, and other representatives.

"Site" means the site you require the Consulting Services to be performed from time to time and maybe your home and the address as notified by you to us.

“Support Period” means the support period usually for a duration of 2 weeks during which we assist you in implementing the Plan.

“Support Services” means any support provided to you during the Support Period.

"Travel Fee” means the travel fee charged where you request an in-home consultation.

“We, us, our” means Sarah Anne Clifton t/as Swoop Baby [ABN 33618464231] and includes any of our employees, agents, partners and contractors.