Terms & Conditions

These Terms and Conditions (Terms) are an agreement between Sleep for Kids Pty Ltd ACN 644 514 170 (Sleep for Kids) and the account holder (You) of the Sleep for Kids App (App)

Your obligations

Once You have created an account on the App, You agree to the following Terms and Conditions when You use the App:

You will not use the App in any way: 

• that breaches any applicable local, national or international law or regulation; or
• that is unlawful, fraudulent, or misleading

You will not use the App for any commercial purposes without our prior written permission.

1. You will only download the App for Your sole, personal use and will not sell on or pass the App to a third party (except for Your child, or a child of whom You are legal guardian, as noted above)
2. You will not impersonate or falsely state Your affiliation to any person or organisation
3. You will not create more than one account without our prior written consent
4. Except as expressly permitted by applicable law or authorised by Sleep for Kids, You will not use, distribute, reproduce, modify, copy, adapt, publish, translate, create derivative works from, rent, sell, publicly perform or publicly display any part of the App, services, or included platform or software, nor may You reverse engineer, decompile, disassemble or attempt to extract the source code of that platform or software
5. You will not infringe Sleep for Kids or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights
6. You will not send or otherwise post unauthorised commercial communications (such as spam) on or through the App
7. You will not collect users’ content or information, solicit login information or access an account belonging to someone else
8. You will not misuse the App. For example, You will not interfere with the App or try to access it using a method other than the interface and the instructions that Sleep for Kids provides, such as using automated means (including harvesting bots, robots, spiders, or scrapers) without our permission
9. You will not do anything that could disrupt, disable, overburden, or damage the proper working of the App, such as a denial of service attack
10. You will not upload viruses or other malicious code
11. You will not use the App for anything that is abusive or does not comply with our content standards
12. You will not facilitate or encourage any violations of these Terms
13. You will not share Your password or let anyone else access Your account, or do anything that might jeopardise the security of your account
14. You will ensure that Your Personal Information is complete, accurate and up to date
15. You will not create an account for anyone other than Yourself or Your child (or a child of whom You are legal guardian) without permission
16. If You think someone has unauthorised access to Your password or account, please let us know immediately at hello@sleepforkids.app
17. You  will not drive or operate heavy machinery whilst listening to the stores as they may cause to you feel drowsy or sleepy
18. You acknowledge and understand that all media content provided by Sleep for Kids is intended for  entertainment or educational purposes only.  It is not intended to offer, or replace qualified medical or health related advice.  Sleep for Kids accepts no responsibility or liability whatsoever for any injury, loss or damage in any shape or form incurred in part or in whole as a direct or indirect result of use or reliance upon the information and material presented here.  All hypnosis (guided meditation) is self hypnosis and must be regarded as such.

Sleep for Kids’ Obligation

1. 1. Sleep for Kids provides the App using a commercially reasonable level of skill and care and it hopes that You will enjoy using it. 
   2. Sleep for Kids provides its services “as is”. Other than as expressly set out in these Terms, Sleep for does not make any specific promises about the App. For example, Sleep for Kids does not make any commitments about the content within the App, the specific functions of the App or its accuracy, reliability, availability or ability to meet Your needs.  Sleep for Kids does not guarantee that its services will be uninterrupted or that they will always be available. Sleep for Kids cannot guarantee that its services will be free from bugs or viruses, or never be faulty.
   3. To the extent permitted by law, You acknowledge that Your only remedy with respect to any problems or dissatisfaction with the App or its content, is to stop using the App or such content and uninstall the App.
   4. Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. Please note however, that we are providing the App under Australian law. Sleep for Kids disclaim any and all warranties and conditions (express or implied) to the fullest extent permitted by law.

This Agreement does not transfer to you any intellectual property owned by Elaine Martin and all rights, titles, and interests in and to such property will remain solely with Elaine Martin. All trademarks, service marks, graphics and logos used in connection with our App or Services, are trademarks or registered trademarks of Elaine Martin. Your use of our App and Services grants you no right or license to reproduce or otherwise use any Elaine Martin’s trademarks

Non-exclusive Licence

1. Sleep for Kids grants You a personal, revocable, non-transferable, and non-exclusive licence to use the App on You device in accordance with these Terms. 
2. This licence is for the sole purpose of enabling You to use and enjoy the benefit of the App in the manner permitted by these Terms.

Content Standards

• The following content standards apply to Your use of the App, including any content You post as part of our Services (if applicable):

1. any content must be accurate, genuinely held (where You state an opinion), and comply with all applicable laws and regulation
2. You will not bully, intimidate, or harass any user
3. You will not act in a manner, use the App in any way, or post any content, that is hateful, threatening, defamatory, pornographic, obscene, or discriminatory; promotes violence; contains graphic or gratuitous violence; or is otherwise offensive or objectionable.
4. If You break any of the above rules, or if we are investigating suspected misconduct, we may suspend or stop providing the App to You or close You account and Subscription immediately. We may refuse use of our Services or App without providing reasons.

Changes to Services

1. Sleep for Kids is constantly changing and improving  the App. It may add or remove functionalities or features and it may suspend or stop a service altogether
2. Occasionally, Sleep for Kids may have to:
   – interrupt its Services; if we do so, we will restore it as quickly as we can.
   – make changes to certain technical specifications and product features.
3. Sleep for Kids may automatically download software updates on Your computers and devices from time to time, in order to improve, repair or modify our Services. Sleep for Kids will try to give You a choice as to whether or not to install the update. However, in certain circumstances (for example, where there are security risks), Sleep for Kids may require You to install the updated version of the App and accept any new terms before You can continue using the App.
4. In addition to our other rights, Sleep for Kids may also stop providing its App to You or add or create new limits to the App. If Sleep for Kids discontinues the App, where reasonably possible, it will give You advance notice.

Changes to Terms

1. Sleep for Kids will update these Terms in the future, for example due to ongoing improvement and other changes in its Services and changes to the laws that apply to us and You.
2. When Sleep for Kids updates these Terms, it will try to give You advance notice by posting the change in the App. You should look at these Terms regularly.
3. Where Sleep for Kids reasonably believes that a change is likely to cause You material disadvantage, Sleep for Kids will try to let You know in advance. However, changes in the Terms that: 
   1. are more favourable to You; 
   2. relate to new functions for the App; (
   3. are made for legal or regulatory reasons; or 
   4. do not reduce Your rights or increase Your obligations, will be effective immediately.
4. If You do not agree to the changes, You should stop using the App. If You continue to use the App after any change is announced, You will be considered to have agreed to the change.

Breach of Terms

1. 1. 1. If You don’t keep to the rules set out here Sleep for Kids may stop You using you account and cancel you Subscription, without a refund.
      2. If You breach these Terms, or otherwise create risk or possible legal exposure for Sleep for Kids it can stop providing all or part of its services to You with or without notice, and You may lose Your account. In all such cases these Terms will come to an end.

Account closure

1. 1. You can stop using our App at any time. If You wish to stop using the App and close Your account and Subscription, You should follow the instructions within the App settings. Simply deleting the App will not terminate Your Subscription.
   2. Sleep for Kids may suspend or close Your account and Subscription at any time, with or without giving notice, for the following reasons:
      1. If You break these Terms or are in breach of Your obligations, in which case we will not offer You any refund for Your Subscription
      2. You account is inactive for an extended period of time
      3. Sleep for Kids suspend or discontinue all, or part of, our Service
      4. Suspected unauthorised or fraudulent use of Your account
      5. Unexpected technical or security problems
   3. Sleep for Kids reserves the right to cancel any Subscription that has not been purchased by the bank account holder. 
   4. Where Sleep for Kids reasonably can, it will provide You with advance warning.

Dispute resolution

1. 1. If You have a problem or complaint about the App, or just want to give us feedback, You can email Sleep for Kids at  hello@sleepforkids.app, or you can leave feedback through the app.
   2. You accept that communication with us will be mainly electronic. When Sleep for Kids has important things to tell You about the App it will use the contact information You provided (e.g. email address) or post them within the App. You agree to this electronic means of communication. You may not opt out from receiving these communications (unless You cancel You account and Subscription and stop using the App).

Entire agreement

1. 1. These Terms, the Privacy Policy and the User Guide make up the entire agreement between Sleep for Kids and You relating to the App. 
   2. You acknowledge that You have entered into this agreement without relying upon any promises or statements other than those set out in these Terms, the Privacy Policy and the User Guide.
   3. You accept that these Terms are personal to You and agree not to transfer them to anyone else, or to try to do so. 
   4. We will protect the privacy of Your account even after You die or are incapacitated. We will not provide Your account information or Your content to anyone, even next of kin, unless we are legally required to do so.
   5. At times we may not be able to provide You with the App because of something beyond our control, which may include things such as: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by government or other authority. In these cases, we cannot be liable for delays, or being unable to provide You with our Services.
   6. If any portion of these Terms is found to be unlawful or unenforceable, the remaining portion will remain in full force and effect.
   7. These Terms and our relationship will be governed by the laws of Australia and we both agree to the exclusive jurisdiction of the Australian courts.