Terms & Conditions

1 Goods and Services
1.1 These Terms apply to:
(a) any purchase by You of Goods or Services offered by Asleepin12 or any other transaction between You and Asleepin12; and
(b) Your use of the Website.
These Terms take precedence over any other terms in any document or elsewhere.
1.2 Asleepin12 will not be obliged to provide goods or services that You order until we accept Your order, which We can do by sending You a confirmation email or by supplying the Goods or Services that You ordered.
1.3 Your use of the Website is subject to these Terms including the rules set out in Schedule 1.

2 Medical Disclaimer
2.1 The Goods and Services provided by Asleepin12 (including the Asleepin12 Method) are not medical services and do not and cannot constitute medical advice.
2.2 It is a condition of Your use of the Website and the Goods and Services that You inform Your child’s doctor before Your use of the Asleepin12 method. You must always seek the advice of Your doctor or professional healthcare provider regarding any questions You have concerning Your child’s health and treatment. You must never disregard medical advice, or delay in seeking that advice in the case of an emergency, because of something You have read on the Website or because of any content within the Goods or Services.
2.3 In any emergency or in the case of any medical condition, You must seek immediate medical assistance from an appropriate healthcare provider. Professional medical advice is to be followed in all circumstances.
2.4 Content provided on the Website or in the Goods or Services is for educational and informational purposes only. They are not and should not be used as a substitute for professional medical advice, diagnosis or treatment, and should not be construed as medical advice or a replacement for consultation with a professional healthcare provider. You should at all times seek the advice of qualified healthcare professionals regarding the medical condition and treatment of Your child. Your use or reliance on any information in the Website or contained in the Goods and Services is solely at Your own risk.
2.5 Your use of the Website and the Goods and Services are at Your own risk. Asleepin12 (including Our officers, employees, agents, franchisees, consultants and partners) shall not be held liable for any consequences arising from the use of this Website (including any information contained therein) or use of the Goods and Services.
2.6 Use of the Website or the Goods and Services between You and Asleepin12 or any of Our personnel, and no communication or interaction constitutes medical advice or consultation.
2.7 While Asleepin12 strives to provide accurate and up-to-date information, We do not warrant that the Asleepin12 Method is scientifically proven and We make no representations or
warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information provided.
2.8 Any links on this Website to third-party websites or other sources are for information purposes only and does not imply that Asleepin12 endorses the contents of those third-party websites or has in any way independently verified their content.
conditions of those websites

3 Goods and Services
3.1 Goods and Services are as described in the Website. Asleepin12 may amend or update the Goods and Services from time to time and may offer the Goods and Services in different bundles or tiers or service.
3.2 Asleepin12 makes every effort to ensure that all details, descriptions and prices which appear on the Website are accurate, however listing errors may occur in relation to details, descriptions and prices. If We discover an error in relation to any Goods or Services that You have purchased, We will correct the error as soon as practicable.

4 Price & Payment
4.1 All amounts payable by You in respect of any Goods or Services must be paid at the time of purchase by electronic funds transfer into the account that Asleepin12 nominates or in accordance with any other payment facility that We may offer in Our discretion.
4.2 Asleepin12 reserves the right to change the prices for Our Goods or Services at any time before You place an order.
4.3 Where applicable, delivery costs will be charged in addition to the purchase price for any physical Goods that You order. Delivery costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.
4.4 Payment for orders placed through the Website may be made:
(a) by credit card processed online using a secure third-party payment gateway; or
(b) via direct bank deposit by electronic funds transfers (EFT).
4.5 Asleepin12 may use one or more third-party payment gateways to facilitate secure online payment transactions. Payments made through such payment gateways are subject to the terms and conditions and privacy policy of the relevant third-party providers. Unless You expressly consent otherwise, We do not see or have access to any personal information that You may provide to such third-party payment gateway providers, other than information that is required in order to process Your order and deliver Your purchased items to You (e.g. Your name and email address).
4.6 Asleepin12 may be unable to accept some credit cards including credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
4.7 If You elect to pay for an order by direct deposit using EFT, after Your order has been submitted, Asleepin12 will send You an email containing instructions for making the payment (or will otherwise provide such information to You) including Our bank account details and the reference number for Your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.

5 Delivery of Goods
5.1 Goods will generally be delivered electronically unless the nature of the Goods requires physical delivery in which case delivery will be in accordance with this clause 5.
5.2 Risk of loss or damage to the Goods passes to you upon dispatch of the Goods regardless that they are shipped with a third party. Orders are sent without insurance. While Asleepin12 does everything We can to ensure Your order is delivered in a timely manner, We will not be liable for any loss or damage incurred by any person as a result of delay caused by any carrier or by any matter which is out of Our reasonable control.
5.3 For standard international orders outside Australia, all customs, import fees, taxes and duties are Your responsibility.
5.4 You must inspect the Goods immediately upon their arrival and notify Asleepin12 of any defects in relation to the Goods within seven (7) days of receipt of the Goods. If You do not give notice, the Goods will be deemed to be correct and complete in all regards.

6 Refund Policy
6.1 Except as expressly provided otherwise in these Terms or required under the Australian Consumer Law, all amounts paid through the Website are non-refundable. Further information on the steps that Asleepin12 will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under clause 7.5 of these Terms.

7 Limitation on claims
7.1 To the maximum extent permitted by law, and without limiting any other provision of these Terms & Conditions, Asleepin12 excludes liability for any delay in performing any of its obligations under these Terms & Conditions where such delay is caused by circumstances beyond Our reasonable control, and We shall be entitled to a reasonable extension of time for the performance of such obligations.
7.2 Asleepin12 makes no representation and gives no guarantee or warranty that Goods and Services or any information included on the Website is appropriate for You or that Your use of them will result in any particular outcome.
7.3 Asleepin12 accepts no liability of any kind where the failure of any Good or Service is attributable to any act or omission on Your part including any misuse by You of any of the Goods or Services.
7.4 To the maximum extent permitted by law, Asleepin12 (and Our officers, employees, agents, franchisees, consultants and partners) excludes all liability to You or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise) arising directly or indirectly out of, or in connection with, these Terms or Your use of the Website or the Goods or Services.
7.5 To the maximum extent permitted by law, Asleepin12 (and Our officers, employees, agents, franchisees, consultants and partners) expressly limits Our liability for breach of any non-excludable condition or warranty or guarantee implied by virtue of any legislation to the following remedies (the choice of which is at Our sole discretion):
(a) In the case of Goods, to any of the following:
1) the replacement of the Goods or the supply of equivalent Goods;
2) the repair of the Goods;
3) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
4) the payment of the cost of having the Goods repaired; and
(b) In the case of Services, to any of the following:
1) the supply of the Services again; or
2) the payment of the cost of having the Services supplied again.

8 Warranty Disclaimer
8.1 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.

9 Intellectual Property
9.1 All Intellectual Property in relation to the Asleepin12 Method, the Website and the Goods and Services remains Asleepin12’s property. You must not reproduce, transmit, republish, prepare derivative works from or in any other way copy or use Out Intellectual Property except as expressly authorised by these Terms or with Our prior written consent.

10 Privacy
10.1 Your use of the Goods and Services is subject to Asleepin12’s Privacy Policy which can be found on the Website.
10.2 You acknowledge and agree that Asleepin12 may make and keep records of the provision of Services to You including by file note and digital recordings for the purposes of providing Services and creating a record of Services provided.

11 Security
11.1 While Asleepin12’s payment portal and website hosting providers employ secure technology for transactions with Our customers, We will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered if Your credit or debit care or bank account information is used in a fraudulent or unauthorised manner by any person other than Us.
11.2 Asleepin12 may request further information from You, such as a copy of Your credit card and/or other identification documentation, as part of Our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until Your order has passed Our internal fraud prevention checks, Your order will remain on pending status. If further information is requested and You do not provide the requested information within such time as We consider appropriate at Our discretion, Your order will be cancelled and, if Your payment has been received, it will be refunded back to You.

12 Breach
12.1 Without limiting any other remedies available at law or in equity, Asleepin12 reserves the right to, without notice, temporarily or indefinitely suspend or terminate Your access to the Website or the Goods or Services if:
(a) You breach any provision of these Terms; and
(b) We believe that Your actions may cause damage and/or legal liability to Us or any other person.
13 Indemnity
13.1 You indemnify and hold harmless Asleepin12 (including Our officers, employees, agents, franchisees, consultants and partners) from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
(a) any material or information that You submit, post, transmit or otherwise make available through the Website;
(b) Your use of, or in connection to, the Website; or
(c) Your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.

14 Waiver
14.1 Any waiver of any provision of the Terms will be effective only if in writing and signed by Asleepin12. Without limiting the foregoing, if You breach these Terms 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.

15 GST
15.1 Unless otherwise expressly stated, all amounts payable through Your use of Our site are expressed to be exclusive of GST and may be increased on account of GST, if GST applies to the supply of the goods or services requested in Your order. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Payment of the additional amount of GST will be made at the same time and in the same manner as payment for the goods and services is required to be made.

16 Entire Agreement
16.1 These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and Us.

17 Entire Agreement
17.1 Asleepin12 may vary these Terms from time to time save that no such variation will apply to any ongoing engagement agreement with any customer.

18 Capacity
18.1 You agree and acknowledge that You are obtaining and using the Services of Asleepin12, and entering into an agreement with Asleepin12, in your personal capacity and as legal guardian for Your child.

19 Governing Law
19.1 These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between Asleepin12 and You.

20 Interpretation
20.1 In these Terms:
▪ Goods means any goods, whether physical digital or both, provided by or offered by Asleepin12 in accordance with these Terms.
▪ Intellectual Property means statutory and other proprietary rights in respect of copyright and neighbouring rights, all rights in relation to inventions, patents, registered and unregistered trademarks (including the look and feel of the Website and service marks) and rights to require information to be kept confidential.
▪ Terms means these Terms & Conditions
▪ Website means asleepin12.com.au.
▪ We, Us, Our and Asleepin12 means Cazmiad Pty Ltd (ACN 676 648 703) trading as Asleepin12.
▪ You and Your means the customer that enters into an agreement with Asleepin12 in accordance with these Terms.

Schedule 1 – Prohibited conduct
You must not in any circumstances:
▪ use any device, routine or software that interferes, or attempt to interfere, with the proper working of Our site;
▪ engage in any action that requires, or may require, an unreasonably or excessively large load on our infrastructure;
▪ use Our site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
▪ use Our site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
▪ use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of Our site;
▪ use Our site by anu automated means;
▪ use Our site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
▪ access, retrieve or index any portion of Our site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing review;
▪ interfere with the display of any advertisements appearing on or in connection with Our site;
▪ reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on Our site;
▪ reproduce, duplicate, copy or store any of the material appearing on Our site other than for your own personal and non-commercial use;
▪ falsely imply that any other website is associated with Our site;
▪ do anything that leads, or may lead, to a decrease in the value of Our intellectual property rights in Our site;
▪ use or exploit any of the material appearing on Our site for, in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with Asleepin12;
▪ release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Asleepin12 without Out prior written consent; or
▪ use Our site to transmit any information or material that is, or mya reasonably be considered to be:
o abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially ethnically or otherwise objectionable or offensive in any way;
o libelous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
o infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
o use any information that is confidential;
o in breach of any person’s privacy or publicity rights;
o a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endowment);
o in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
o containing any political campaigning material, advertisements or solicitations; or
o likely to bring Asleepin12 or any of Our staff into disrepute.