TERMS AND CONDITIONS
Please read all these Terms and Conditions.
These terms and conditions (the Terms and Conditions) will apply to any purchases of the services and content you order on our website, www.thesnoozenurse.com (the Website). Please read the Terms and Conditions carefully before you place an order on our Website, as they set out important information about your and our rights and obligations.
Who are we and how to contact us:
We are Jade Collins trading as The Snooze Nurse of Westhill Farm, Lamphey, Pembrokeshire, SA71 5JY Email address info@thesnoozenurse.com. Any reference to ‘we’, ‘us’ or ‘our’ in these Terms and Conditions is to The Snooze Nurse and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
By using our Website you accept these terms:
These are the Terms and Conditions on which we supply all our services and content to you. By ordering any of the services or content, you agree to be bound by these Terms and Conditions. By using our Website, you confirm that you accept these Terms and Conditions and that you agree and comply with them. If you disagree with any of these Terms and Conditions, you must not use our Website or place any orders through the Website.
OTHER TERMS THAT MAY APPLY TO YOU: Our Privacy Policy which sets out how we deal with your personal data.
IT IS POSSIBLE WE MAY MAKE CHANGES TO THESE TERMS:
We may make changes to these Terms and Conditions now and again. For each visit to our Website, please ensure you re-check these Terms and Conditions and understand the terms that apply at the time of using the Website. The Terms and Conditions which apply to your order will be those in force at the time you placed your order. These Terms and Conditions were most recently updated in September 2023.
Ordering Process
● The description of the services and the content set out on our Website does not constitute a contractual offer to sell the services or content. When an order has been submitted on the Website (the Order), we can reject it for any reason, although we will try to tell you the reason without delay.
● The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
● A contract will be formed between us for the services and content ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. You will receive the Order Confirmation within a reasonable time after placing your Order, but in any event not later than the performance of any of the services and providing the content to you.
● If we do not accept your Order, for example because we are unable to take payment, the services are unavailable, or there has been a mistake regarding the pricing or description of the services or content, we will email you using the details you provided when you placed your Order. We have the right to reject any order for any reason.
● All Orders are subject to availability. We cannot guarantee that any service will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services. If this happens and it affects your Order, we will notify you by email, cancel your Order and provide you with a refund of any advance payments made by you for any services or content that have not yet been provided. See ‘Refunds’ below for further information.
WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
We cannot guarantee that there will be no interruptions to our Website and that all content we provide through our Website will always be available. For operational reasons it is possible that we will withdraw or restrict availability of content within the Website or the entire Website.
HOW YOU MAY USE MATERIAL ON OUR WEBSITE AND THE CONTENT PROVIDED TO YOU
● The services and content is provided to you for your domestic and personal use only. You must not use our services or content for commercial or business purposes.
● You will need internet access to download the content provided to you through the Website and you are responsible for any charges you may incur in connection with your download. We are not liable to you if you are unable to download the content due to poor internet connection or for any other reason outside of our reasonable control.
● We own all rights in all intellectual property on our Website, the material published on the Website and the content we make available to you. Copyright laws protect these rights and all such rights are reserved.
● You can only use the content provided to you for your personal use and you can print off one copy of our sleep plans and any other content provided to you via our Website.
● No modifications should be made to any paper or digital copies of our materials which you have printed or downloaded.
● The content provided is designed for use in the UK.
● We are the authors of the content on our Website and therefore must always be acknowledged for this work. You are not allowed to pretend that the content is your own or make it available to others to stream or download.
● The use of any information provided in 1:1 sleep consultations or via sleep programmes created by The Snooze Nurse should not be shared with others, and is for your own personal use. This includes not using this information or content for your own financial gain or to share with others who may benefit from the information. You will be in breach of our Terms and Conditions should you use our information or content in this way.
● If you print off, copy or download any part of our Website or the content provided to you in breach of these Terms and Conditions, your right to use our Website and access the content provided to you will cease immediately. We have the right to end our contract with you immediately by sending an email to the address you provided when you placed your order if you breach these Terms and Conditions.
● If we end our contract with you in accordance with this section of the Terms and Conditions:
- you must immediately stop using the content provided to you;
- you must delete or remove the content from any devices.
THE INFORMATION ON THIS WEBSITE DOES NOT REPLACE MEDICAL ADVICE
● The information provided by The Snooze Nurse does not replace medical advice. If you have concerns regarding your child’s health and wellbeing, you must always seek advice from the appropriate professionals.
● Whilst we will always utilise our skills to work towards a preferred outcome, you must accept we do not guarantee a specific outcome and/or success. This is because all children’s sleep needs are different and there are lots of external factors that can inhibit a child’s ability to sleep well that are outside the control of The Snooze Nurse, meaning parents may not always be satisfied with the outcome.
● We always make reasonable efforts to keep the information on our Website up to date, however we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Our Website may link to or use other websites and resources which are provided by third parties, we are in no way responsible for the content on these websites/links and have no control over them.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by our negligence or our breach of these Terms and Conditions. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, (ii) any loss or damage not caused by our breach or negligence, or (iii) any business loss or damage.
Our Website is provided for domestic and private use only. By agreeing to these terms and conditions you agree not to use our website for any business purposes and we will not be liable for any loss of profit, loss of business, or business interruption if you do so.
PERSONAL INFORMATION
We retain and use all information strictly under the Privacy Policy, which can be found at www.thesnoozenurse.com/privacy-policy
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You should not knowingly or maliciously introduce viruses, trojan, worms, logic bombs or other material that would be harmful to our Website or IT software.
SERVICES
● It is your responsibility to ensure that any information you provide is accurate in order for The Snooze Nurse to provide appropriate advice during sleep consultations.
● All Services which appear on the Website are subject to availability.
FEES AND PAYMENT
● The price for the services and content provided by The Snooze Nurse are set out on the Website at the date we accept the Order or such other price as we may agree in writing.
● The prices applicable to our services and content may change at any time but such changes will not affect existing Orders placed by you and for which you have received an Order Confirmation.
● You must pay by submitting your credit or debit card details with your Order and we can take payment immediately before delivery of the Services. All credit card and debit card payments need to be authorised by the relevant card issuer.
● We require an advance payment of the total cost of the Order when placing the Order. We will take this payment from your card before we send you your Order Confirmation email. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed the Order. If we are unable to contact you, we will cancel your Order and notify you by email.
Customer Responsibilities
● You must cooperate with us in all matters relating to the services and delivery of the content, provide us and our authorised employees and representatives with any information we reasonably require to perform the services and obtain any necessary licences and consents (unless otherwise agreed).
● Failure to comply with the above is deemed a Customer default which entitles us to suspend performance of the services until you remedy it or if you fail to remedy it following our request, we can terminate the contract with immediate effect on written notice to you.
Circumstances Beyond the Control of Either Party
We are not liable to you if we are unable to provide the services or deliver the content because of circumstances beyond our reasonable control.
REFUND POLICY
The following terms apply where you purchase a consultation with The Snooze Nurse:
● Full payment for our consultations must be paid upon booking with The Snooze Nurse.
● If you cancel the consultation after placing an Order, the following cancellation terms will apply:
- Cancellation with less than 24 hours notice: no refund
- Cancellation with 24-48 hours notice: a 50% refund of the consultation price will be issued
- Cancellation with 48 hours + notice: a full refund will be issued.
● If exceptional circumstances or circumstances beyond your control are the reason for a cancellation within 48 hours of the booking time, The Snooze Nurse will consider these circumstances on an individual basis and may offer to reschedule the appointment. If the refund terms are waived on a ‘one off’ basis, The Snooze Nurse is not obliged to repeat this action again in the future.
● The Snooze Nurse reserves the right to cancel consultations at short notice due to personal circumstances and emergencies. In the event of that happening, you will be offered a rescheduled consultation or a full refund if preferred.
● If it becomes clear during the consultation that your child has any underlying health conditions that would mean continuing with the consultation or sleep programme would be inappropriate, The Snooze Nurse reserves the right to discontinue the consultation and any other support. If this occurs, you will receive a full refund.
● Should your child’s sleep regress in the weeks and months following a consultation or support from The Snooze Nurse, you will not be entitled to a refund. Sleep regressions in children are normal, and occur due to many reasons outside of the control of The Snooze Nurse, any such regression would not be related to the advice provided by The Snooze Nurse.
Where you have purchased a sleep plan from The Snooze Nurse, refunds are not available for digitally downloaded products such as The Snooze Nurse “Sleep Programmes” unless the content is faulty and inaccessible.
NO THIRD PARTY RIGHTS
No one other than us or you has any right to enforce any of the terms of this Contract.
GENERAL TERMS
● You are not allowed to transfer your rights under these Terms and Conditions without our prior written consent. We may transfer our rights under these Terms and Conditions to another business without your consent but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
● If any provision of these Terms and Conditions (or any part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms and Conditions will not be affected.
● If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
● These Terms and Conditions (including any non-contractual disputes or claims) are governed by the laws of England and Wales. Although if you are resident elsewhere in the UK you will retain the benefit of protections given to you by the laws of that country.
● Any disputes can be submitted to the jurisdiction of the courts of England and Wales or, where you live in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
● We try to avoid any dispute, so we deal with complaints as follows: If any problems arise and a complaint is to be made customers should contact us directly to discuss a solution. We will aim to respond with an appropriate solution within 5 working days.