Terms and Conditions
Terms and Conditions
Effective Date: 1st March 2021
Definitions
CUSTOMER means any individual, partnership, limited company, charity or organisation that from time to time purchases Services from the Supplier.
SUPPLIER means V C Sleep Consultancy
PROPOSAL means a statement of work, consultation, quotation or other similar document describing the services to be provided by the Supplier.
SERVICES means the services specified in the proposal.
The CONTRACT shall mean instructions, confirmed in writing or electronic format, issued and signed by the customer or an authorised person on behalf of the customer.
FEES shall mean all charges and expenses that will be invoiced by the Supplier to the customer for the services provided.
TERMS AND CONDITIONS means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication by the Customer. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute law or regulation.
For these Terms and Conditions, “we”, “us”, “our”, VCsleepconsultancy.co.uk refer to VC Sleep Consultancy. Also, any reference to VC Sleep Consultancy includes its principals, employees, consultants, agents, heirs, executors, administrators and assigns. By using this Website or working with VC Sleep Consultancy Sleep Coach , you acknowledge and agree that you have read, understand and accept these Terms and Conditions. If you have not read, or do not understand or accept these Terms and Conditions, you must not use this Website or proceed with a personal consultation. We reserve the right to modify these Terms and Conditions, or any part of them, at any time, so please review them frequently. Changes and clarifications will take effect immediately upon their being posted on the website.
Services
VC Sleep Consultancy takes safety and accuracy very seriously, and considerable care and attention is taken in compiling the information on the Website and in any information, documentation, personal sleep plans or other services provided to you (collectively, the “Services”). Notwithstanding the foregoing, any Services we provide to you are intended to be used as a guide only and you, as the parent, guardian or caregiver, have a personal responsibility to take all reasonable precautions for the care and safety of your child and the implementation of any Services.
Section 1 – NO MEDICAL ADVICE PROVIDED
VC Sleep Consultancy does not provide medical advice. None of the Services we provide to you constitutes or is meant to constitute, medical advice of any kind. If you believe that your child may have a medical condition, if you are concerned about the health of your child, yourself, or any other caregiver of your child, or if you require medical advice of any kind, please consult your physician or other medical professional immediately.
The contents of the Services and the Website, such as text, graphics, images, and other materials (“Content”) are for informational purposes only. The resources made available on VC Sleep Consultancy website or during any consultation, are for general guidance only. Nothing on this website or provided during consultations is intended to constitute professional legal, medical or any other type of professional advice to anyone. VC Sleep Consultancy shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this website or during consultation.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read from our Services or the Website.
Section 2 – REPRESENTATIONS & WARRANTIES OF CLIENT
As a client of VC Sleep Consultancy, you represent, warrant and agree as follows: You are the parent/legal guardian of the child about whom you intend to consult us (“your child”), and you have the legal authority to retain our Services; and to agree to these Terms and Conditions on behalf of yourself and your child; Your child is in good health and is not presently, and will not be during the consultation process, under a doctor’s or other health care professional’s care for any medical issue relating to sleep or any other issue that may be negatively impacted, in any way, by the Services. Furthermore, your child does not (or will not during the consultation) have any pre-existing health conditions, symptoms or congenital defects, which may be aggravated by the Services; You and whomever else may be consulting with us and/or implementing any of the Services are in good physical and mental health and are capable of following any instructions we present as part of the Services; If you are uncertain as to whether or not the Services are right for you, your child or anyone else implementing the Services, or if you think you, your child or anyone else implementing the Services may have a medical issue that could be aggravated by the Services, it is your responsibility to consult with a physician (or other health care provider) prior to retaining and/or implementing any of the Services; You will notify your Consultant immediately in the event that your child’s health condition changes or if you are concerned, for any reason, about your child’s health and/or the Services or if they physical or mental health of you or anyone else implementing the Services is compromised in any way such that you or they are not capable of following the instructions we presented as part of the Services; The Services are meant as a guide only and are not meant to replace or override your role, as a parent, to take reasonable steps to ensure the care and safety of your child. We reserve the right to terminate the Services, at any time, if we are concerned for the well being of you, your child, or anyone else implementing the Services. In the event that we have reason to believe that a child has been or is likely to be abused or neglected, we have a legal duty to report the matter to the local authorities.
Section 3 – RELEASE & INDEMNITY
We are not responsible or liable for any situation whereby an infant does not sleep through the night based on the content of our Services. If the child reverts after having used our Services, it is important to recognise that this can be part of normal development due to growth spurts, teething and illness. As a client of VC Sleep Consultancy, you agree as follows: To release VC Sleep Consultancy from any and all claims, in relation to the Services, that you now have or may have in the future and to release VC Sleep Consultancy from any and all liability for any loss, damage, expense or injury, including death, that you may suffer, or that your child or next of kin may suffer, resulting from any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of VC Sleep Consultancy or anyone for whom VC Sleep Consultancy is in law responsible. You further agree that you have and will not assign to any person or corporation any of the claims described above; To hold harmless and indemnify VC Sleep Consultancy from any and all liability, loss or expenses for any damage to property, or personal injury to any third party, resulting from the Services; To not commence, take or continue any proceedings against any person relating to the Services whom might seek contribution or indemnity from VC Sleep Consultancy as a result of such claim or proceedings, and you shall indemnify and save harmless VC Sleep Consultancy and keep VC Sleep Consultancy indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by VC Sleep Consultancy regardless of whether they are reasonable, foreseeable or avoidable, arising directly or indirectly from any breach or alleged breach by you of any of these terms.
; That your release herein shall be effective and binding on your child, as well as your and your child’s heirs, next of kin, executors, administrators and representatives; and That your release herein, and your relationship with VC Sleep Consultancy, shall be governed by and interpreted solely in accordance with the laws of Scotland and no other jurisdiction.
Section 4 – CONFIDENTIAL INFORMATION
When you avail our Services or assist us or a third party through us in any research or development, we may make known to you information marked as “confidential information”. You agree to never share the Confidential Information to anyone outside VC Sleep Consultancy without first obtaining our consent. “‘Confidential Information” shall mean any information and data of a confidential nature, including but not limited to proprietary, technical, brand strategy, development, new product ideation and development, marketing, sales, operating, performance, cost, know-how, business and process information, computer programming techniques, Website code, all record bearing media and any samples, models or prototypes, or parts thereof. As terms of our insurance, your details and plan will be kept for seven years.
Section 5- FORCE MAJEURE.
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion.
Section 7 – COPYRIGHT
All rights, including copyright and database rights, in the Website and its Content, are owned by or licensed to us, or otherwise used by us as permitted by applicable law. We shall remain at all times the owner of any and all copyrights, trademarks and other intellectual property rights in this Website and in the graphics, design, arrangement and look and feel of the Website. Further, we (or our licensors) remain at all times the owner(s) of all material or content supplied to you as part of the Website. Except as permitted above, you undertake not to copy, store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website without our prior written permission, or in accordance with applicable laws and regulations. The names, images and logos identifying VC Sleep Consultancy or any associated companies or third parties (and their products and services) are proprietary marks of VC Sleep Consultancy (or of any associated companies and/or third parties).
The terms of use of this site do not confer any license or right under copyright or trademark. Any use of material on this site otherwise than as explicitly permitted in this copyright notice is prohibited unless prior written permission has been obtained from VC Sleep Consultancy.
Section 8 – THIRD PARTY WEBSITES
The Website provides links to third party websites. We make no representations as to the quality, suitability, functionality or legality of any websites to which we may provide links, or any goods or services available from such websites. All matters concerning any goods and services that you purchase from a third party website, including without limitation all contract terms are solely between you and the owner of that website, and we will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against us with respect to any such sites. Linking to this Website will be subject to our prior approval and must be direct to any complete content webpage (and not any part of any webpage) within the Website and must not be viewed within the pages of any other website. We disclaim and shall have no liability to you for any legal or other consequences (including for infringement of third party rights) of links made to this Website.
Section 9 – DISCLAIMER
We are providing this Website on an ‘as is’ basis and make no representations or warranties of any kind with respect to this Website or its contents and disclaims all such representations and warranties. The Content on the Website has been included in good faith. The content may contain inaccuracies or typographical errors. Whilst we endeavour to ensure that the information on this Website is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission. You are responsible for checking the accuracy of relevant facts and opinions given on the Website before entering into any commitment or taking any other form of action or inaction based upon them. We do not represent or guarantee the truthfulness, accuracy or reliability of postings submitted by users, moderators and parent supporters on the public areas of the Website, if any, or endorse any opinions expressed by users, moderators or parent supporters. All conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the provision of the content, and the Website are excluded to the fullest extent permitted by law.
Section 10 – LIMITATION OF LIABILITY
Neither we nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with your use of this Website or any information contained in it. VC Sleep Consultancy does not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on this website and VC Sleep Consultancy assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer or other equipment or other property on account of your access to, use of, or browsing in the website. In no event shall VC Sleep Consultancy be liable for any injury, loss, claim, damages, or any exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings) whether based in contract, delict, strict liability, negligence, product liability or otherwise. The entire risk as to the quality, performance and use of this website is with you. Any communications, messages and other information obtained while using the Website is obtained at your risk and you bear the entire responsibility for any losses that you may experience as a result of your use of our website.
The service and materials on this website are provided "as is" and VC Sleep Consultancy and the hosts of this website expressly disclaims any and all warranties, express or implied, to the extent permitted by law including but not limited to warranties of satisfactory quality, merchantability or fitness for a particular purpose, with respect to the service or any materials.
Section 12 – INDEMNIFICATION
You agree to indemnify and hold us and each of our directors, sponsors, representatives, employees and contractors, harmless from any claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of your use of the Website, your violation of these Terms and Conditions, or your infringement of any intellectual property or other right of any other person or entity.
GENERAL
Section 13 – BREACH
We will be entitled to restrict, suspend or terminate your use or deny you access to the Website or our Services or take such other action as we deem appropriate if we determine, in our sole discretion, that you are in breach any of the Terms and Conditions or that your use of the Website is inappropriate or otherwise unacceptable. The restriction, suspension or termination pursuant to this section will be without prejudice to any rights which we may have against you in respect of your breach of these Terms and Conditions. We shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as we in our sole discretion consider reasonably necessary or appropriate.
Section 14 – UPDATES
We are not obligated to maintain or support the Website or Services or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades. You agree that the Terms and Conditions will apply to all such updates or upgrades.
Section 15 – CHANGES
The Content, the Services, the Website and this Agreement are subject to change and updating by us and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use constitutes your acceptance of any change or update, all of which shall become controlling when posted.
Section 16 – MISCELLANEOUS
These Terms and Conditions, the Privacy Policy, and the Refund Policy constitute the entire understanding between you and us as to use of the Services and Website and supersede all prior agreements and understandings between you and us. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms of use shall survive and continue to be binding and enforceable. We make no representation that materials on this Website are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. If you access this Website from a location outside of the United Kingdom, you are responsible for compliance with all local laws. If there is any conflict between these Terms and Conditions and specific terms appearing elsewhere on the Website, then the latter shall prevail. Any cause of action you may have with respect to your use of this Website and our Services must be commenced within two years after the claim or cause of action arises. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Any failure or delay by us to enforce strict performance by you of any of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver to any extent of our rights.
These Terms and Conditions of use of the website and consultancy as provided by VC Sleep Consultancy shall be subject to British Law and subject to the exclusive jurisdiction of the British Courts. If any part of this notice and disclaimer is deemed unlawful, void or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.
Section 17 – CONTACTING US
If you have any questions about these Terms and Conditions, the practices of this Website, or your dealings with our Services, please contact us at: victoriacooksley84@gmail.com.
PRIVACY POLICY
1. Data Protection
We comply with the principles of the General Data Protection Regulation (GDPR) when dealing with all data received from customers or visitors to our website.
2. Our Services
We only hold the data necessary to offer services provided on our website. We do not ask for or use more data than necessary to provide you with a proper service. This means we only process and hold data related to purchases and subsequent support related to those purchases, in accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR). Any processing of your data is only done to provide or perform the services or products you have purchased.
2.a Refund Policy
Refunds in full can be requested up until 14 days before any sleep package begins. After this time, the full amount will be due and paid within 7 days before the first consultation begins.
3. Data Protection Register
Data is only used for the purposes described in our entry on the Data Protection Register.
4. Required Period
We only hold personal data for as long as necessary. Once data is no longer needed we delete it.
5. Card & Payment Processing Data
We use third-party payment providers to handle card and payment processing data securely. We never see or store any card or payment information. In accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR) any other data is only used to process your purchase securely. In accordance with Article 6(1)(c) of the General Data Protection Regulation (GDPR), we need to retain data related to all
purchases to fulfil our existing legal obligations to account for tax and VAT on all transactions.
6. Backup & Data Storage
For administrative reasons, customer data and email subscription data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area). This is done to backup and preserve your data where it is needed to carry on offering a service to you.
7. Customer Requests
As a customer, you can at any time (and free of charge) request details of the data we hold relating to you – and you can also request any such data is amended or deleted. Please note that if you request deletion of your data, this may prevent us from offering any further support relating to your previous purchases.
8. Email Updates
We regularly email website news and information updates to those customers who have specifically subscribed to our email service. All subscription emails sent by us contain clear information on how to unsubscribe from our email service. Our email service is an opt-in service only; with your prior consent required in accordance with Article 6(1)(a) of the General Data Protection Regulation (GDPR). This means to subscribe you must enter your details into the email subscription page and submit them to us.
9. Our Promise
We never sell rent or exchange mailing lists.
10. Data Sharing With Partners
We do not share commercial or technical data with our partners unless we have specifically sought and obtained your prior approval. Where we request such approval, we will always fully disclose how your data is used. Please note that even when we have your specific consent, we only share data with partners that operate their own privacy policy in full accordance with the General Data Protection Regulation (GDPR).
11. Spam
In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.
12. Product Updates
We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.
13. Email Content
All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how to unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.
14. Cookies
Our website uses “cookies” to track use and allow customers to purchase from our website. Please note that these cookies do not contain or pass any personal, confidential or financial information or any other information that could be used to identify individual visitors or customers purchasing from our website. Please note that you are free to refuse cookies. However, for purely technical reasons this may prevent you from purchasing from our website. This is because anonymous cookies are commonly used to keep track of the contents of customers’ shopping baskets or trolleys during the checkout process. This facility ensures that the items added to (or removed from) your basket are accurately stated when you go to pay.
15. Contact Us
If you have any questions about this Privacy Policy, please email us at vcsleep@gmail.com