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Terms and Conditions
1. Definitions
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1.1 Thrive, us, our, ourselves, we, refer to Thrive Sleep Consulting.
1.2 You, your or yours refers to you, the person accessing the website and/or receiving the services, guides, plans and/or information provided and agreeing to the terms and conditions of Thrive Sleep Consulting.
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2. General
2.1 By using or purchasing any information and/or products and/or guidance provided to you via the phone, online, email, text, in person, social medial, sleep packages, sleep plans, guides or products on this website you are agreeing to these Terms and Conditions and are bound by these Terms and Conditions.
2.2 You acknowledge that Thrive Sleep Consulting are entitled to at any time change, modify, or delete the website, sleep package content, product, guide, item description, social media and/or the Terms and Conditions, as we see fit.
2.3 Waiver: Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
2.4 Thrive Sleep Consulting is not liable for any injury, loss, claim, or any direct, indirect, incidental, special, or consequential damages of any kind. We do not take any responsibility for the products sold on our website and their reliability or safety.
2.5 It is your responsibility; the users, clients, customers to ensure you are following any guidance in accordance with the safe sleep guidelines as outlined and defined by Red Nose Australia: https://rednose.org.au. We take no responsibility for the safety of any guidance, information or products purchased through our website or stated on our social media, emails, texts, phone, zoom or sleep packages.
3. Medical Disclaimer
3.1 Thrive Sleep Consulting is not a medical organisation or a medical practitioner and does not give medical advice in any form.
No information provided on our website, social media, online, in guides, sleep packages, sleep plans, email, text or phone should be taken or understood to be medical advice.
3.2 It is entirely your responsibility to assess the health and wellbeing of yourself and any dependants and participants and we encourage that you seek appropriate medical advice before using any information or guidance provided.
3.3 If you are concerned about a potential medical issue for yourself or any participants including any dependants, you agree it is your responsibility to check and obtain clearance with your GP or Paediatrician immediately and prior to implementing our sleep plan.
3.5 You agree to follow all recommendations relating to safe sleep practices. These recommendations and guidelines can be found at Red Nose.org - Safe sleeping.
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4. Services
4.1 You agree that you will not provide misleading, false or inaccurate information when communicating with Thrive Sleep Consulting and will only provide accurate information to us.
4.2 You agree to follow and implement all changes recommended within a sleep plan from Thrive Sleep Consulting the support period allocated to your Sleep Support Package.
You agree and understand that in order to achieve realistic results and expectations it is your responsibility to implement changes. Thrive Sleep Consulting can only provide you with support and guidance.
4.3 Thrive Sleep Consulting is not liable for anything that is used or any practices outside of the specific guidance and/or instructions provided by us or contained within your personalised sleep plan or other communications.
4.4 Thrive Sleep Consulting takes no responsibility for the final outcome or results following a purchase of our services as results depend hugely on your commitment, actions, honesty and consistency.
4.5 Any information shared on the website or social media is shared as an educational guide only, Thrive Sleep Consulting takes no responsibility for results following the information shared.
4.6 We are not liable to fulfil our obligations if circumstances are to arise beyond our reasonable control. In no event will Thrive Sleep Consulting be liable of any direct, indirect or consequential injury, damage, losses or expenses arising from your use of these services or this website.
4.7 You agree that you will not post comments about the website, sleep packages, consultation and any of its content, its individual representatives, consultants and/or employees without the prior written consent of Thrive Sleep Consulting.
4.8 You represent and warrant that you are at least 18 of age.
4.10 All documents provided to you as part of our services or your purchase are the property of Thrive Sleep Consulting and must not be reproduced or reshared.
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5. Payment
5.1 When you purchase from Thrive Sleep Consulting you may be asked to supply some personal information relevant to you and your order. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your purchase.
5.2 Payment is required at the time of an online purchase or 48 hours after receiving an invoice, unless other arrangements have been made.
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​6. Cancellation
6.1 When you purchase a package containing a follow-up support period, you must access this support within 14 days of receipt of your Sleep Plan for it to remain valid. Failure to do so will result in the expiration of the follow-up support and a repurchase will be required.
6.2 If you need to reschedule a Consultation or Support Call for any reason, 24 hours notice must be given to us. Should you not provide 24 hours notice, Thrive Sleep Consulting reserves the right to refuse to offer an alternative time for your Consultation of Sleep Support Call and not provide a refund.
6.3 If you have to cancel a purchase within 24 hours of making the booking and at least 24 hours before your appointment/consultation, Thrive Sleep Consulting will retain $50 or 20% of the booking cost, whichever is less.
For any cancellations less than 24 hours from the appointment/consultation booking, Thrive Sleep Consulting will only provide a 50% refund unless a Sleep Plan has already been provided by us to you as part of this booking. If a Sleep Plan has been provided and it is prior to the follow up support completion date as specified to you, you will only be provided with a 20% refund.
Thrive Sleep Consulting will not provide a refund for any cancellations after the follow up support period as began or a completion date has passed as specified to you.
6.4 We reserve the right to refuse to work or communicate with you and/or cancel or terminate your package and/or support at any time for reasons including but not limited to:
a) Failure to abide by the rules of use of the website, programs, plans, packages and social media.
b) If we believe you are or have been facilitating the unlawful activity of a third party in respect of the website, packages or social media.
c) Our unavailability; In this instance we will provide you with an option of alternative dates. If the alternative dates offered to you in this instance are not suitable, you may be eligible for a refund.
d) Errors in your purchase, including but not limited to you being located outside our areas of service.
e) Concerns about the health and welfare of you, your dependants or any other participants in our packages/programs.
f) If fraud or an unauthorised or illegal transaction is suspected.
g) A potential conflict of interest.
h) If we believe that you may or will bring our reputation into dispute.
i) Failure to comply with these Terms and Conditions.
j) Providing inaccurate, incomplete or misleading personal information.
6.5 In the unlikely event that you have any complaints about any of our communication or support services please get in contact as soon as possible via email to thrivesleepconsulting@outlook.com so that we can work together to find a resolution.
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7. Agreement
7.1 In accessing the Thrive Sleep Consulting website and any service including any webpages, sleep packages, videos, sleep plans, social media, email and/or any other services and products, information, text and images offered, you are deemed to have read and personally agreed to these Terms and Conditions.
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8. Competitions
8.1 To enter our competitions, entrants must complete all requirements as listed and entries must be received by the close of business on the specified closing date (AWST).
8.2 The winner may be required to take part in promotional activity related to the prize draw and the winner shall participate in such activities at our reasonable request.
8.3 The competition decision is final and as such, no correspondence will be entered into regarding the decision.
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9. Privacy
9.1 To allow us to achieve the best results with the services and packages we provide, personal information about you and/or your dependant will be obtained through our intake questionnaire, email and phone correspondence, sleep logs and payment transactions.
9.2 Thrive Sleep Consulting may contact you occasionally by email to provide information regarding promotional offers, services and content that may be of interest to you. If you do not wish to continue to receive this information, please email 'unsubscribe' to thrivesleepconsutling@outlook.com
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10. Idemnification
10.1 You agree to indemnify, defend and hold harmless Thrive Sleep Consulting and employees and partners from any claim or demand, including reasonable attorneys’ fees, made by any third-party, due to or arising out of your breach of these Terms of Service.
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11) Governing Law and Jurisdiction.
Thrive Sleep Consulting is based in the state of Western Australia in Australia. These Terms of Service shall be governed by and construed in accordance with the laws of Australia. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the courts of Australia.
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12) Disclaimer
YOUR USE OF THRIVE SLEEP CONSULTING SERVICES, PRODUCTS, OR CONTENT IS AT YOUR OWN RISK. THE SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THRIVE SLEEP CONSULTING NOR ANY PERSON OR ENTITY ASSOCIATED WITH THRIVE SLEEP CONSULTING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THRIVE SLEEP CONSULTING NOR ANY PERSON OR ENTITY ASSOCIATED WITH THRIVE SLEEP CONSULTING REPRESENTS OR WARRANTS THAT THE SERVICES, PRODUCTS, OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER/S THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, PRODUCTS, OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THRIVE SLEEP CONSULTING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL THRIVE SLEEP CONSULTING, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PRODUCTS OR SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THEM, OR ITEMS OBTAINED THROUGH THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
WE​ ​ARE NOT ​RESPONSIBLE​ ​OR​ ​LIABLE​ ​IN​ ​ANY​ ​WAY​ ​FOR​ ​THE INFORMATION, ​PRODUCTS,​ ​OR​ ​MATERIALS​ ​THAT​ ​YOU​ ​REQUEST​ ​OR​ ​RECEIVE​ ​THROUGH​ ​OR​ ​IN​ ​RELATION​ ​TO​ ​THE SERVICES OR PRODUCTS.​ ​FURTHER, WE​ ARE NOT ​LIABLE​ ​FOR​ ​ANY​ ​THIRD-PARTY​ ​CONDUCT,​ ​ACCIDENTS,​ ​DELAYS,​ ​HARM, OR​ ​OTHER​ ​DETRIMENTAL​ ​OR​ ​NEGATIVE​ ​OUTCOMES​ ​AS​ ​A​ ​RESULT​ ​OF​ ​YOUR​ ​ACCESS​ ​TO OR USE OF​ ​THE SERVICES OR PRODUCTS.
Our Services and Products are provided for educational and informational use only. You understand and agree that Thrive Sleep Consulting is not a medical or mental healthcare provider, and that the Services and any Products or other information you access or learn from Thrive Sleep Consulting are not intended, designed, or implied to be medical or mental health advice, to diagnose, prevent, or treat any condition or disease, to ascertain the state of your or any other person’s health, or to be a substitute for professional medical or mental healthcare. Products, information, and other Content Thrive Sleep Consulting makes available through the Services may support the relationship between you and your healthcare providers, but do not replace it. While we may reference certain results, outcomes, or situations, you understand and acknowledge that we make no guarantee as to the accuracy of any Products, Content, statements, or materials , third-party or otherwise, contained in or made available via the Services, or that you will benefit from or have successful outcomes based on your implementation of the information and/or techniques provided through the Services and/or Products. You understand and agree that you are solely responsible for your use of the Services. We expressly disclaim any and all responsibility for any actions or omissions you may make as a result of using Services, Products, Content, and related materials.
Thrive Sleep Consulting is based in the state of Western Australia in Australia. We provide the Services for use only by persons located in the Australia. We make no claims that the Services or any of the Content are accessible or appropriate outside of the Australia. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the Australia, you do so on your own initiative and are responsible for compliance with local laws.