Terms of service

TERMS AND CONDITIONS FOR HUSH LITTLE CUBS

Last Updated: 30/07/2024

OVERVIEW

This website is operated by Hush Little Cubs. Throughout the site, the terms “we”, “us” and “our” refer to Hush Little Cubs. Hush Little Cubs offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website and services. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at any time without notifying you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and its services following the posting of any changes constitutes acceptance of those changes.

While we will do our best to ensure all information on our website is up to date and current. The material on this site and in its packages/ support is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting your general practitioner or Paediatrician first for clearance. Any reliance on the material on this site is at your own risk.

Our website is powered and secured by Wix. They provide us with the online platform that allows us to sell our products and Services to you.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 1- SAFE SLEEP

1.       When using Hush Little Cubs’ services, you acknowledge that you are required to follow the safe sleep guidelines in accordance with the American Academy of Pediatrics (AAP) and the World Health Organisation (WHO). You also adhere to implement all SIDS recommendations.

2.      Hush Little Cubs do not work with bedsharing families and so ask that you are committed to changing your current bedsharing situation to adhere to all SIDS recommendations. Choose to bedshare at points during the sleep training process, is your decision solely and cannot be put back on us.

SECTION 2- 1:1 SUPPORT PACKAGES/ ONE-OFF PHONE CONSULTS

1. Our support packages will begin once payment has been made off our site’s platform. Once payment is made, we will contact you via a confirmation email and another separate email. The confirmation email will include details of your payment, confirmation of your 1:1 support package and further details about what to do next.

2. Email/phone consults will occur daily between normal working hours of your consultant and excludes weekends. 

3. Any emails/ messages sent outside of work hours will be responded to on the next working day. 

4. Phone consults will occur at the time that has been previously assigned. Should you miss your phone call with your consultant, you will be given a 15-minute grace period in which we will try once more. If you do not answer the second time, you forfeit your scheduled call and will need to rebook another call at a time that suites us. 

5. If you booked and missed your first FREE 15 MINUTE CHAT and have rescheduled a call: If after our second attempt at a reschedule call, you miss our call again, we will take it that you no longer require this service and forfeit this free service. You will no longer be eligible for the free chat and instead will need to purchase a support package should you need any further support. Exceptions apply.

6. We understand that situations arise that are out of our control. Should you need to reschedule a phone call with at least 24 hours’ notice, you can do so by sending us an email at dana@hushlittlecubs.com to reschedule, due to availability of your sleep consultant.

7. You have the option to add on extra follow up support if required, ‘Sleep Plan Only’ package included. Just email us at the contact email at the bottom of these terms of service.

8. Sleep logs are intended to be looked over every 2 days. Should your check in fall on a weekend, you understand that we may wait until the next working day to analyse them.

9. Should your daily/ bi-daily check in fall on a weekend, we will get in contact with you on the last working day (Friday) before the weekend to give you adequate time to ask questions. Should you message us over the weekend, you understand we will contact you on the next working day or at a time that is suitable for us should we respond on a weekend.

SECTION 3- REFUNDS AND CHANGE OF MIND

1. Hush Little Cubs will not provide a refund if you change your mind after purchasing a support package and have begun support with one of our consultants, unless of extenuating circumstances in which will be decided by us.  ('Sleep Plan Only' package not included)

2. If you have paid for a support package, you have a 24-hour grace period to change your mind to receive a full refund, less $30 for admin fees. (‘Sleep Plan Only' package not included). 

3. If you wish to cancel your support package after 24 hours, but not later than 72 hours (3 days after payment has been made) you will receive a refund of 50% of the total price so long as you haven't been sent your sleep plan. Should your plan have already been sent to you, you will not be eligible for a refund. (Sleep Plan Only package not included). 

4. You have 4 weeks after payment has been made to use your support. We will be in touch to confirm desired start date (must be within the 4 weeks). If you do not respond to any contact made to you during the 4 weeks, we will assume you no longer require our services, and you will not be eligible for a refund. 

5. If you purchase the 'Sleep Plan Only' package, you are not entitled to a refund unless you change your mind and give written notice within 24 hours of purchase. If you give notice within the first 24 hours, then you will be given a full refund, less $30 for admin fees.

6. If you purchase a 1:1 support package from us (including the Sleep Plan Only) and it’s found your child is suffering something that is disrupting their sleep and that needs assessing by your GP or paediatrician, you have the option for a refund, less $30 for admin fees or to place your support package on hold until you are given the green light to begin sleep training from your health care professional. Holds are only valid for 6 months.

7. We understand circumstances can occur that are outside of your control (sickness, deaths, extensive time zone travel etc.) therefore, you can put your support on hold for a maximum of 4 weeks. Once support has commenced again, we will pick up where we left off. If we have reason to believe you are not truthful in your reasonings for putting support on hold, we reserve the right to deny your hold.

8. You need to provide Hush Little Cubs with at least 24 hours' notice should you need to reschedule a consultation to a different day. The rescheduling will be at the discretion of us, at a time that suites us and there may be a delay. You agree that if we need to cancel your appointment for reasons beyond control, we will contact you via email and/or phone to reschedule your consultation for the next available appointment.  

9. If you become uncooperative, threatening, or if there is reason to believe that you are not taking reasonable steps to ensure the care and safety of your child, we reserve the right to terminate services without a refund.

10. Any guides purchased off our site are NON-REFUNABLE and NON-EXCHANGEABLE

11. Once your guide has been purchased you will have access to the purchased guide through a PDF emailed to you. If you have any issues accessing your guide, please email us at dana@hushlittlecubs.com and we will rectify this issue.

SECTION 4- DISCLAIMER

1. Hush Little Cubs do not provide medical advice or treatment to clients. Nor should our recommendations be used in replace of medical advice. If you have any concerns around the health of your child, you should contact your GP immediately.

2. You are required to make us aware of any known medical condition and always follow professional advice first. 

3. You acknowledge that the advice around sleep and feeding/ nutrition given by Hush Little Cubs is that of advice and recommendations only and for you to make the final decision on what you feel is best for your child. 

4. Sleep success is not guaranteed, and results are highly influenced by commitment levels, daily life, and your own child’s temperament. We are not held liable if you do not achieve the result/s you are looking for within the timeframe originally hoped for.
 
5. Though we screen for red flags that could be contributing to your child's sleep disruptions in our extensive Sleep Questionnaire, we strongly suggest checking in with your GP or paediatrician to ensure it is safe for your child to begin sleep training and to ensure there are no underlying medical conditions preventing them from sleeping well.

6. Any changes you choose to implement in regard to your child's sleep or eating plans are completely up to you and we only provide advice and suggestions on what to change. We are not responsible for the changes you choose to implement. You should always consult your medical or health care provider prior to working with us in regard to preexisting health conditions. Hush Little Cubs will not be held liable for any damages or injuries arising from the access of our website or dependence on information given by our website or by our consultants.

SECTION 5 - ONLINE STORE TERMS

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 6 - MODIFICATIONS TO OUR SERVICES AND PRICES

Prices for our 1:1 Support Packages and Guides are subject to change without notice. You agree that the price at the time of check out for a Package or Guide is an order placed by you to purchase at the current price. 

You must pay us the purchase price of each Support Package or Guide as set out on the Platform at the time you place your order.

We reserve the right to modify or discontinue these services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 - THIRD-PARTY LINKS

Certain content, products, and Services available via our Service may include materials from third parties.

Third-party links on this site or in our guides may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy, please see how we collect your personal information.

SECTION 9 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information;

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be the outcome that you were hoping for.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The Guides for purchase on our website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind.

In no case shall Hush Little Cubs, our employees, or contractors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 11 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hush Little Cubs and our contractors, suppliers, owners, and employees, harmless 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 12 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 13- ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 14 - GOVERNING LAW

​These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 15 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at dana@hushlittlecubs.com.

Our contact information is posted below:
Hush Little Cubs
dana@hushlittlecubs.com
Mount Gambier, South Australia, Australia, 5290
Phone: 0448810742
ABN: 40943363869