TERMS & CONDITIONS
1.1 We offer sleep lifestyle advice and support (‘The digital sleep pack’) via this website, our Facebook Pages (including our closed private group), other social media platforms that we run, from time to time. These Terms set out your permitted use of Our Sites and your subscription to The Sleep Fixer.
1.2 You should read these Terms carefully before signing up to The Sleep Fixer.
1.3 By subscribing to The Sleep Fixer or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.4 If you do not agree with or accept any of these Terms, you should not subscribe to The Sleep Fixer and you stop using our Sites immediately.
1.5 If you have any questions, please contact us:
1.5.1 via our Facebook page: “The Sleep Fixer”
1.5.2 via the contact form on www.thesleepfixer.com
2.1 Our Services include but are not limited to:
2.1.1 Structured sleep plans, which are personalised to your goals;
2.1.2 Educational videos to support sleep advice;
2.1.3 Online support, including live Q&A sessions, sleep support, interacting with other users in our closed social media groups.
2.2 Our Services are intended for your personal and non-commercial use only.
2.3 Our Services and the content on Our Sites are intended to assist you in your efforts towards understanding sleep better. We are not medically sleep trained and if you have any type of medical or health condition you should seek your professional medical advice before subscribing to our Services. Nothing within our Services and/or content on our Sites should be construed as medical advice.
2.4 An internet connection is required to use the majority of Our Services as we provide this via Our online-based Sites.
Your Subscription to Our Services
3.1 You must be at least 18 years old to subscribe to Our Services.
3.2 When you place your subscription we will acknowledge it by email.
3.3 This acknowledgement does not, however, mean that your subscription has been accepted, we will only accept your subscription once you have contacted our Facebook Page and received our welcome message to confirm this. At this point, our Services and use of Our Sites will be made available to you.
3.4 We may contact you to say that we do not accept your subscription. This is typically for the following reasons:
(a) We cannot authorise your payment;
(b) You are not allowed to buy the subscription from us (i.e. you are under 18 years old);
(c) We suspect that you intend to use Our Services for your own commercial gain, or
(d) There is some other conflict of interest (i.e. you are affiliated with other sleep providers).
3.5 You have a right to cancel your subscription anytime and you do not have to provide a reason – to do so simply cancel your direct debit via your bank.
3.6 If you’re declined from Our Services we will refund you using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of the refund.
3.7 We reserve the right to cancel your subscription at any time, should we suspect that you intend to or are using Our Services for your own commercial gain or there are some other conflicts of interest. No refunds will be given in these situations.
4.1 We use third-party payment services such as PayPal.
4.2 The price of the sign-up fee (where applicable) and subscription:
4.2.1 is in pounds sterling (£)(GBP);
4.2.2 includes VAT at the applicable rate; and
4.2.3 all prices are shown here:
Using Our Sites
5.1 Our Sites are intended for your personal and non-commercial use only.
5.2 You agree that you are solely responsible for:
5.2.1 all costs and expenses you may incur concerning your use of Our Sites; and
5.2.2 keeping your password and other account details confidential.
5.3 Our Site follows the guidelines of UK law. If you choose to access our sites from locations outside of the UK, you are responsible for compliance with local laws where they are applicable.
5.4 We seek to make our Sites as accessible as possible. If you have any difficulties using our sites, please contact us on the details above.
5.5 While we try to make sure that our Sites are available for your use, we do not promise that our Sites are available at all times nor do we promise the uninterrupted use by you of our Sites.
5.6 We may prevent or suspend your access to our Sites if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
5.7 Our Sites contain information, text, images, sounds, photos, videos, ideas and other material (collectively referred to as ‘Content’) that belongs to us and/or our licensors. Such Content may contain intellectual property rights. Intellectual property rights mean rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Ourself (and our licensors) reserve all of our (and their) rights in any intellectual property in connection with these Terms. This means, for example, that we (and they) remain owners of them and free to use them as we (and they) see fit.
5.8 Nothing in these Terms grants you any legal rights in Our Sites other than as necessary to enable you to access Our Sites. You agree not to adjust to try to circumvent or delete any notices contained on Our Sites (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within Our Sites.
5.9 We have the right to protect our Content and Our Sites. We reserve the right to take legal action against real or suspected infringers of our Content, including but not limited to our Intellectual Property Rights.
5.10 While we try to make sure that Our Sites are secure, Our Sites do consist of pages and private groups set up on Social Media platforms and we cannot guarantee the security of these platforms. We cannot guarantee that any information that you supply will be kept confidential. For that reason, you should not provide us with anything via Our Sites that you regard as confidential, commercially sensitive or valuable.
5.11 While we try to make sure that the Content on Our Sites and Our Sites are accurate, up-to-date and free from bugs, we cannot promise that they will be. Furthermore, we cannot promise that Our Sites will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
5.12 We may suspend or terminate the operation of Our Sites at any time as we see fit.
Social Media (Optional)
6.1 We understand and encourage the sharing of your experiences and progression in connection with Our Services on social media it’s for your accountability.
6.2 When sharing anything on social media it should not;
(a) Promote or contain violence, bad language or sexually explicit material;
(b) Promote or contain any political or religious material;
(c) Promote anything dangerous or illegal i.e. drugs;
(d) Copy, share or disclose private Content from Our Sites;
(e) Display, reference, “tag” or otherwise identify anyone under the age of 18 (including own family members), this includes featuring in videos and photos;
(f) Do anything that we consider brings our brand into disrepute;
(g) Promote charities without prior consent from us;
(h) Any screenshots you wish to copy and share must have any names of individuals, brands, or companies removed or concealed and you should have the permission of that person, brand or company before sharing;
(i) Use any other social media platforms other than Instagram or Facebook unless without prior consent from us;
(j) Create a private group on any social media platform;
(k) Provide our specific sleep guidance to a third party;
6.3 If you fail to meet any of the standards set out in clause 6.2 then you will do the following immediately:
(a) Remove or amend any post (including but not limited to text, videos and photos) where we consider this to be detrimental to our brand;
(b) Issue a written apology, notification or correction, where any post has caused embarrassment and you have not immediately removed or amended the post.
6.4 Where you fail to meet your obligations as set out in clause 6.2 above, we will have the right at our discretion to:
(a) Report page(s) either depending on the circumstances of the violation;
(b) Cancel your subscription to Our Services; no refund will be given;
(c) Remove you from our closed groups on Our Sites; and
(d) Initiate legal proceedings if you are or have infringed our intellectual Property as set out in clause 5.7.
Your privacy and personal information
Limitation on our liability
8.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
8.1.1 losses that:
(a) Were not foreseeable to you and us when these Terms were formed; or
(b) That was not caused by any breach on our part
8.1.2 business losses;
8.1.3 losses to non-consumers; and
8.1.4 anything that you post- you remain fully responsible for.
9 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms are dated [15/07/2019]. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes; you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with us please contact us as soon as possible.
12.3 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction concerning these Terms.
12.4 Relevant United Kingdom law will apply to these Terms.
At The Sleep Fixer, we fully understand the value of your privacy and keep all information and data that we collect from each user securely stored.
Personal information such as your email address is used to serve as your unique log-in to the Sleep Fixer website, and to send automated emails such as password resets (when requested).
You may receive website news and updates via email from The Sleep Fixer too.
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