Terms of Purchase of Online Courses, Programs and Subscriptions
Updated 14 April, 2020
Terms of Purchase
These Terms, together with the relevant Appendix and any “Key Details” or “Order Confirmation” documents given to you will apply to any contract between us for the sale of Products and Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products or Services from us. Please note that before placing an Order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products or Services from us or our site.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms were most recently updated on 14/04/2020.
These Terms, and any Contract between us, are only in the English language.
1. Information about us and contacting us
1.1 We operate the website https://www.sleepnanny.co.uk/ and https:// sleepnannyacademy.com. We are Dreamwork Consulting Ltd, a company registered in England and Wales under company number 12248591 and with our registered office at Lancaster Court, 8 Barnes Wallis Road, Fareham, Hampshire, United Kingdom, PO15 5TU.
1.2 You can e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 0330 9998890 or by post to Lancaster Court, 8 Barnes Wallis Road, Fareham, Hampshire, United Kingdom, PO15 5TU. If you are emailing us or writing to us please include details of your Order to help us to identify it.
1.3 If we have to contact you or give you notice in writing, we will do so by e- mail or by pre-paid post to the address you provide to us in your Order.
2. Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
3. How we use your personal information
4. Age restrictions
You may only purchase our Products or Services if you are at least 18 years old.
5. Our right to vary these Terms
5.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you order Products or Services from us, the Terms in force at the time of your Order will apply to the Contract between you and us. We may revise these Terms as they apply to your Order from time to time to reflect changes in relevant laws and regulatory requirements.
5.2. If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
6. Purchasing the Products and Services
6.1 Either our check out pages on our site will guide you through the steps you need to take to place an Order with us, or you will be forwarded a link on email to guide you through the ordering and payment process, or we will otherwise agree the process for placing an order in person or on the telephone with you. Please take the time to read and check your Order at each step of the order process.
6.2 After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 6.3.
6.3 We will confirm our acceptance of your Order to you by sending you an e-mail order acceptance (Order Acceptance). The Contract between us will only be formed when we send you the Order Acceptance.
6.4 If we are unable to supply you with a Product or Service, for example because that Product or Service is no longer available or because of an error in the price on our site as referred to in clause 8.4, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products or Services, we will refund you the full amount as soon as possible.
7. Cancellation policy – CONSUMERS ONLY
7.1. Subject to Clauses 7.3 and 7.4, if you are a consumer, you have a legal right to cancel your purchase during the period set out in Clause 7.2 below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive a Product or Service, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2. Your legal right to cancel a Contract starts from the date of the Order Acceptance, which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the date of the Order Acceptance.
7.3 If you would like us to provide our Products or Services immediately, and if you subsequently decide to cancel within the 14 day cancellation period, you will need to pay for any Products or Services delivered until the point at which you cancel. You also acknowledge that if the Product or Service has been fully performed during the cancellation period, your cancellation rights will be lost.
7.4 Due to the digital nature of some of the Products or Services, if you wish to download any content or begin accessing online content within the 14 day cancellation period, you will lose your right to cancel the Contract. This does not affect your statutory rights.
7.5 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com, or contact our Customer Services team by telephone on 0330 9998890, or by post to Lancaster Court, 8 Barnes Wallis Road, Fareham, Hampshire, United Kingdom PO15 5TU. If you are e-mailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.6 Subject to any cancellation policies set out above or in the Appendix, if you cancel your Contract within the time frames set out above we will:
7.6.1 refund you the price you paid for the Products or Services; and
7.6.2 make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract.
7.7 We will refund you on the credit card or debit card used by you to pay.
7.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with these Terms. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8. Prices and Payment
8.1. The prices for the Products and Services are calculated and payable in advance, agreed with you and as set out on the Order Confirmation. We shall be under no obligation to provide the Products or Services until the price has been paid in full or we have received such deposit or instalment payment that has been agreed.
8.2. We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However please see clause 8.4 for what happens if we discover an error in the price of Product(s) and Services you ordered.
8.3. Prices for our Products and Services may change from time to time, but changes will not affect any Order you have already placed.
8.4. It is always possible that, despite our reasonable efforts, some of the Products or Services on our site or quoted in correspondence between us may be incorrectly priced. If we discover an error in the price of the Products or Services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product and/or Service at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products and/or Service to you at the incorrect (lower) price.
8.5. All prices are expressed inclusive of any VAT payable unless otherwise stated. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products and/or Services in full before the change in VAT takes effect.
8.6. You can only pay for Products and Services using a debit card or credit card. We accept the following cards: Visa Debit, Visa Credit, Mastercard, AMEX.
8.7. If you fail to pay us in accordance with this Contract, you shall also reimburse us for all reasonable expenses (including legal fees) incurred by us in collecting any unpaid amount together with default interest on late payments at a rate equal to 3 % per year above the base lending rate of the Bank of England from time to time.
9. Intellectual property and use of our brand
9.1. If we provide you with manuals or other information, we or the third party author will own the copyright, design right and all other intellectual property rights and any drafts, drawings or illustrations we make in connection with the Products or Services for you. You may use such documents or systems only for purposes directly related to the Products or Services and shall not make copies of such documents, nor use the same for any purpose not directly related to the Products or Services without our prior written approval. Any manual provided to you as part of the Products or Services is specifically for your own use and not to be shown, copied or distributed to any client or third party. You shall not create any derivative work based upon the Products or Services and you shall not offer any competing products or services based upon any information contained in the Products or Services. Also, the content of our site, the online platform you may have access to, and all Products and Services sold are protected by copyright, trade marks, database rights and other intellectual property rights. You may retrieve and display content on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print such content for your own personal, internal business use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the course or subscription materials or content on our site or platform, or for sale from our site, without written permission from us. By purchasing any Products or Services from us you agree that those Products or Services you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without our express written consent. Not following the above shall be a breach of these terms and conditions.
9.2. We are the licensee of the registered trade mark “The Sleep Nanny” (UK trade mark number 3070037). You have no rights to this trade mark or any other unregistered brands, marks or logos we use or own, other than if you have expressly been given a right to do so as set out in the Appendix or as agreed in writing by us.
10.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable and we shall not be liable in contract, tort (including negligence) or otherwise for any indirect loss of profits, business or anticipated savings, or for any indirect or consequential loss or damage whatsoever. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
10.2. We only supply the Products and Services for domestic and private use. You agree not to use the Products and/or Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3. We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
10.4. It is your responsibility to ensure that the Products and Services are suitable for your requirements. We are happy to offer advice but accept no liability in the event that the Product or Service content does not meet your requirements. All content within a Product or Service is provided for educational and information purposes only, and not intended as legal, financial, tax, medical, health or other professional advice. We are not responsible or liable for any diagnosis made by a user based on the content of our Products or Services.
10.5. We give no guarantee that by receiving the Products or Services and/or attending and/or completing training or benefiting from consultations which make up the Products or Services that you will experience success in any business or activity that you may carry on following the provision of the Products or Services, or that you will achieve your desired results or goals in relation to the Product of Service. We are providing information and guidance but what you do with that information and guidance depends on you and what you do with it.
10.6. Subject to the preceding paragraphs of this clause, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price you have paid for the Products and Services.
10.7. We make no promise that materials on our site are appropriate or available for use in locations outside the United Kingdom, and accessing our site from territories where
its contents are illegal or unlawful is prohibited. If you choose to access our site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
10.8. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
10.8.1. your breach or negligent performance or non-performance of this Contract;
10.8.2. any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with the Products or Services.
10.8.3. the enforcement of this Contract; or
11. Events outside our control
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12. Our assurance to you
12.1. In consideration of the payment of the fees you pay for the Product or Service, we warrant that we have the right to supply the Products and Services and shall use all reasonable endeavours to provide the Products or Services and any further services agreed between us in writing from time to time, and use all reasonable skill and care in making the Products and Services available to you and in ensuring their availability.
12.2. We are continually seeking to improve the Products and Services. We reserve the right, at our discretion, to make changes to any part of the Products and Services provided that it does not materially reduce their content or functionality.
13.1. Either party has the right to terminate this Contract immediately at any time by giving written notice to the other party in the event that:
13.1.1. the other party commits a material breach of this Contract which cannot be remedied or a breach capable of being remedied and fails to remedy the breach within twenty one (21) days of a written request to do so; or
13.1.2. the other party is the subject of a bankruptcy order (if an individual) or becomes insolvent or makes any arrangement or composition with or assignment for the benefit of its creditors or if any of the other party’s assets are the subject of any form of seizure, or the other party goes into liquidation or a receiver or similar officer is appointed over the other party’s assets.
13.2. We may terminate this Contract on giving you 7 days written notice at any time.
14.1. You shall not use or disclose (directly or indirectly) to any person, (or otherwise make use of) either during the provision of the Services or at any time after we have finished providing the Services, any confidential information about the our clients, business or affairs, or any of our business contacts, or about any other confidential matters which may come to your knowledge in the course of receiving the Products or Services, (“Confidential Information”) except if you are required to disclose by law, or if the information is already in the public domain, or unless expressly agreed in writing by us. You shall use your best endeavours to prevent the publication or disclosure of any Confidential Information and you agree that you will not use any such Confidential Information for your own benefit.
14.2 You confirm that any personal data that you collect or have access to whilst receiving the Products or Services will be kept secure and you will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
15. Other important terms
15.1. We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2. You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4. Each of the paragraphs or clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products and Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.7. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.8. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non- contractual disputes or claims).
The terms below apply to the Contract between us in addition to the Terms of Purchase set out above and relate to the specific Product(s) or Service(s) you have agreed to purchase.
Appendix 1: Sleep Nanny Academy Training : https://www.sleepnanny.net/apx1
Appendix 2: Dream Maker Sleep Program: https://www.sleepnanny.net/apx2
Appendix 3: Sleep Consultant Membership: https://www.sleepnanny.net/apx3