Terms, Conditions and Disclaimers
Introduction
These terms of use explain how you may use the website (“Site”). References in these terms to the Site includes the following website, www.TheMindfulSleepMama.com, and all associated web pages. You should read these terms and conditions, and disclaimers carefully before using the Site and its associated services. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them, and further indicate you understand and acknowledge the Disclaimers.
If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact Stephanie at TheMindfulSleepMama@gmail.com.
Definitions:
“Baby” or “Babies” means any baby, infant, or child;
“Content” means any text, images, video, audio or other multimedia content, software, or other information or material submitted to, subsisting on or accessible from the Site, which includes but is not limited to advice, guidance, and/or general information provided on sleep techniques, practices, theories, and the alike;
“We”, “Us”, or “Our” means The Mindful Sleep Mama, registered under the Province of Ontario of Canada.
“You” or “Your”: means the person accessing or using the Site and/or its Content, which includes, but is not limited to, any person you intend to rely on the Site or its Content.
Restrictions On Use:
The Site is for your personal and non-commercial use only. As a condition of your use of the Site and its Content, you agree:
(i) Not to use the Site and its Content for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
(ii) Not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(iii) Not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law.
(iv) Not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
(v) That you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and its Contents and shall be solely responsible for keeping your passwords and other account details confidential.
We reserve the right to prevent or suspend your access to the Site and its Content if you do not comply with any part of these terms and conditions or any applicable law.
Ownership, Use and Intellectual Property Rights:
This Site and all intellectual property rights in the Site (including, without limitation, any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyrights, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
The Content provided on the Site may not be reproduced, republished, or transmitted in any form or by any means, whether mechanical or electronic, which includes, but is not limited to, photocopies, recordings, redistribution on the internet, or by any information storage or retrieval system without the prior written approval by us. All Content provided on the Site communicated through any means remains the sole and exclusive property of us. Written approval by us is required to reproduce, record, publish, or share in any capacity by any means any Content (which includes, without limitation, sleep plans, e-guides, charts, notes, advice transcripts or summaries in any format, or details or information published on any blogs, forums, or similar boards).
All Content provided or offered on the Site is confidential information being shared by us to you and any dissemination or sharing of such information or Content is strictly forbidden and subject to the protection of any, and all, applicable laws.
Nothing in these terms and conditions grants you any rights in the Site or its Contents other than as necessary to enable you to access the Site and its Contents.
Submitting Information to the Site:
The Site is not a secure means of communication and any information you supply to us cannot be guaranteed to be kept confidential. We do not take any responsibility for the security of any information transmitted to or from the Site and shall not be held liable for any claim, loss, damage, injury, or harm of any kind that may result from the same. Your use of the internet and access to the Site is solely at your own free will and risk.
Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g. violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute.
You represent and warrant that any Content you supply to us has been lawfully provided to us and that you have all necessary consents to provide this to us.
Site and Content do not replace or provide medical advice:
The Content provided on the Site is for informational purposes only and is not medical advice. You are not establishing a medical professional/patient relationship, or any other special relationship, by assessing, using, or relying on the Site and its Content. The Content provided on the Site is intended for use with healthy babies with common sleep issues that are unrelated to any medical conditions. You should always seek the advice of your paediatrician and/or physician for any medical condition or for the health and welfare of your baby.
Pediatric and/or Physician approval should be sought:
You agree to consult with and obtain approval from your paediatrician and/or physician prior to following or engaging in any Content offered on or through the Site.
Limitation of Liability:
Reliance on the Content offered on or through the Site is solely at your own risk. We, or any of our members, managers, officers, employees, agents, or contractors, shall not be responsible or liable to you for any injury or any indirect incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to:
(i) the use of or inability to use the Site and its Content;
(ii) any Content contained on or through the Site and/or the Services;
(iii) Statements or conduct posted or made publicly available on or through the Site; or
(iv) any product, Content, or otherwise purchased or obtained through the Site. In no circumstance shall we be liable to you for any claims, damages, injuries, losses or expenses for using the Site and Content.
Terms and Conditions may be modified:
We reserve the right to amend or modify these terms of use at any time in our sole and exclusive discretion without notice.
Governing Law:
The terms of use shall be governed by and interpreted in accordance with the laws of the Province of Ontario.
Disclaimers
Medical Disclaimer:
The Content you are provided with on or through the Site and/or during any consultation with us is not medical advice. You are not establishing a medical-professional/patient relationship, or any other type of special relationship. The Content provided is for informational purposes only and is intended to be used on healthy babies with common sleep issues that are unrelated to medical conditions. Prior approval from your paediatrician and/or physician should be sought before engaging in any recommendations and/or advice provided by us. The Content provided is neither intended nor implied to be a substitute for professional medical advice. Always seek the advice of your paediatrician and/or physician with any questions you may have regarding a medical condition or the health and welfare of your baby before engaging in the Content offered on or through the Site or any consultation with us. Following sleep recommendations according to the Safe To Sleep Campaign (also known as, and previously titled, the SIDS Campaign) is best. Information on the Campaign and best sleep practices can be found on the web. We will not be held liable for, or responsible to anyone for any medical situation that occurs before, during, or after the time of the sleep training process. In no event will we be liable to you for any claims, losses, injury, or damages of any kind whatsoever, as a result of the use, reference or reliance on the Content provided on our Site or in consultation with us.
Feeding Disclaimer:
The Content you are provided with on our Site or in our consultation(s) does not replace any feeding requirements provided by a practitioner. If you have any feeding concerns, reach out to your pediatrician or physician prior to following any recommendations provided by us.
Safety Disclaimer:
The Content provided in this guide is not to replace any recommendations or advice provided by the American Academy of Pediatrics (AAP), The Public Health Agency of Canada, or any other applicable guidelines or recommendations provided by the relevant authorities. Safe sleep is our number one priority and should be always taken into consideration. Below you will find information on a safe sleep environment provided by the Canadian government. The links provided below are provided for reference and does not necessarily reflect the advice, practices, or views of us. Use, reference, or reliance on the information provided through these Sites are at your exclusive and sole discretion and risk. https://www.canada.ca/en/public-health/services/health-promotion/childhood-adolescence/stages-childhood/infancy-birth-two-years/safe-sleep/safe-sleep-your-baby-brochure.html https://www.nichd.nih.gov/sites/default/files/2023-01/STS_2022_Brochure_English.pdf
Crying Disclaimer:
Our intent is to ensure gentle methods are used while training. There is no guarantee that your baby will not cry. Each baby is different in how they respond, and as the baby breaks former habits, protesting may occur. Our approach is to never leave our baby to cry unattended, to cry themselves to sleep, or to feel that they have been left on their own. Our method is focused around a gentle and holistic approach. These can potentially take longer than your average sleep training techniques.
Third Party Sites:
Links on the Site and its Content may let you leave the Site to access a linked third-party site (the “Linked Sites”). We provide these Linked Sites as convenience, but we neither control nor endorse these Linked Sites. These Linked Sites, and the content provided on or through them are not reviewed or approved by Us. We are not responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or other material on or available through any Linked Sites.
Third Party Content:
Any opinions, advice, statements, services, advertisements, offers, or other information or content expressed or made available on or through the Site or Services by third parties are those of the respective authors or distributors and not of us. We do not guarantee the accuracy, completeness or usefulness of any third-party content. Furthermore, we do not endorse nor are responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site or Services by anyone other than an authorized representative. We take no responsibility for your exposure to third party content on or through the Site or the Services.
Training Disclaimer:
No diplomas or certificates are required to be a Sleep Consultant. For information on the specific training of our Sleep Consultants please contact Stephanie at TheMindfulSleepMama@gmail.com.