Terms and Conditions of Use
Welcome to The Blue Good Fairy
These terms and conditions outline the rules and regulations for the use of The Blue Good Fairy's Website.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use The Blue Good Fairy's website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. “The Blue Good Fairy”, "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Your Sleep Plan
By accepting your customised sleep plan:
You agree to follow safe sleeping practices in line with SIDS recommendations.
You agree to check with your Health Practitioner if your baby has any medical conditions which prevent them from being assisted to sleep safely.
You agree to disclose your Baby's medical condition if there is any.
You agree that to information surrounding your baby to be used in case studies, please note that no identifying information will be used, and all names will be changed.
You agree to implement the sleep plan within 2 weeks of our consultation date. Remember that your Baby's developmental phase will change and a new assessment may be required.
The 2/4 week’s follow up support will be implemented from your start date and used consecutively. I am unable to put your sleep plan on hold for any other reason except illness. This can be for a maximum of 2 weeks.
You understand that your customised sleep plan is meant for your baby and you only, and should not be shared with a third party.
You agree that any changes you make to your baby’s sleeping or eating arrangements are you decision and We only make suggestions for change, which you are responsible for choosing to implement.
You understand that We will endeavour to respond to any emails, messages, or missed telephone calls within 24 hours.
You understand that We do not work on weekends or Australia Public holidays. Any correspondence received during this period will be answered on the following Monday or the next working day.
You understand that your sleep plan requires you to be 100% consistent and committed and We are not responsible for the outcome if You do not follow the plan correctly. You agree that if you do not follow the sleep plan correctly your child's sleep may not improve.
You understand that if we do not hear from you for a period of time, or if You miss a pre-arranged call/meeting time, We will assume that all is going well and no support is required.
The Blue Good Fairy’s advice is NOT intended to be a substitute for medical advice or treatment. Always seek the advice of your doctor or other qualified health practitioner regarding any matters that may require medical attention or diagnosis, and before following the advice and using any techniques for sleep support. Reliance on any information provided by Us is solely at your own risk. We do not make any representations or warranties, express or implied, regarding consulting services provided. Our liability (if any) is limited to the consulting fee paid by you to Us, and in no event will We be liable to you for any other claim, losses or damages. Whilst We endeavours to help you get your child sleeping through the night and napping well (where applicable), We cannot guarantee that the customised sleep solution will work for all children. The level of success for your child to be sleeping successfully is significantly enhanced by following the recommending sleep solutions constructed for your child. Not following the plan, or only selecting components of the plan, will reduce the likelihood that your child will be successfully sleeping. Similarly, in a family environment it is crucial that all family members involved with your child’s sleeping plan follow the plan (mum, dad, grandparents, helpers and/or nannies).
Unless otherwise stated, The Blue Good Fairy and/or it's licensors own the intellectual property rights for all material on The Blue Good Fairy. All intellectual property rights are reserved. You may view and/or print pages from http://bluegoodfairy.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from http://bluegoodfairy.com
Sell, rent or sub-license material from http://bluegoodfairy.com
Reproduce, duplicate or copy material from http://bluegoodfairy.com
Redistribute content from The Blue Good Fairy (unless content is specifically made for redistribution).
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. The Blue Good Fairy does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of The Blue Good Fairy, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws The Blue Good Fairy shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
The Blue Good Fairy reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so,
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to The Blue Good Fairy a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organisations may link to our Web site without prior written approval:
Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of The Blue Good Fairy's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury resulting from negligence;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (Including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.