These Terms and Conditions consist of:
• Part A – Terms and Conditions of Acceptable Use of Website applying to all users of www.babogue.digitallabs.ie (the “Site”).
• Part B – Terms and Conditions of Purchase applying to purchasers of any of the Sleep Series Digital Courses (the “Sleep Series Course(s)”) via this Site.
Please read these terms and conditions carefully.
Part A – Terms and Conditions of Acceptable Use of Website applying to all users of the Site
1.4. When you use the Site (irrespective of where in the world you access it from), you accept that your use of the Site will also be governed by the laws of Ireland and if any claim or dispute arises from your use of the Site or any of the information on it, you agree that the Irish courts will have exclusive jurisdiction over all such claims or disputes.
2.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site is owned, controlled or licensed by or to Babogue.
2.3. You may use information on the Site (such as the Course Materials as defined in Part B) purposely made available by Babogue, provided that you (i) use such information only for your personal, non-commercial informational purpose and do not share, copy or post such information on any networked computer or broadcast it in any media; (ii) make no modifications to any such information, and (iii) not make any additional representations or warranties relating to such documents.
2.4. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
3. VIRUSES, HACKING, FRAUD AND OTHER OFFENCES
3.2. Without limiting the generality of the foregoing, you must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
3.3. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
3.4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading or otherwise accessing any material on it, or on any website linked to it.
4. LINKING TO OUR SITE
4.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
5. LINKS FROM OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6. PURCHASES; OTHER TERMS AND CONDITIONS
7.1. Babogue does not promise that the Site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the Site is subject to change from time to time.
7.2. The information given on the Site is not intended to replace or supplement the medical advice that you receive from your GP, public health nurse or other trusted healthcare provider. None of the advice and information (whether provided free of charge or for consideration) given on the Site shall be considered medical advice nor should it be relied upon you as medical advice. All actions you take and changes you make based on the information or advice given on the Site are made at your own risk and responsibility and no liability shall be carried by Babogue in this respect.
8. LIMITATION OF LIABILITY
8.1. Except where prohibited by law, in no event will Babogue be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Babogue has been advised of the possibility of such damages.
You agree to indemnify and hold Babogue, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Babogue by any third party due to or arising out of or in connection with your use of the Site.
11. YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact: [email protected]
Part B – Terms and Conditions of Purchase applying to purchasers of any of the Sleep Series Digital Courses (the “Sleep Series Course(s)”) via this Site.
For the purposes of these Terms of Purchase: “We”, “Us” means Babogue who will provide the Services to you. “You” means the person receiving the Services; “Purchase” means the process of purchasing or accessing any Sleep Series Course. Your Purchase via the Site will involve you completing the relevant forms on the Site, giving us your payment information and submitting the details to us. “Services” means the provision of and access to the respective Sleep Series Course Materials in electronic format or other format where that option applies; ”Course Materials” means the materials specified at https://babogue.digitallabs.ie/sleep-series/ for the respective Sleep Series Course which you have purchased; ‘Course Fees’ means the fee payable for the provision of the Services.
3. PROVISION OF THE SERVICES
3.1. Once you have purchased a Sleep Series Course, you will receive an email confirmation which confirms the arrangements for access to your Sleep Series Course. You will also be provided with login instructions for access to the respective Sleep Series Course which you have purchased.
3.2. The agreement for provision of services between you and Babogue will be considered concluded only when you receive your login credentials and instructions for access to the respective Sleep Series Course. Babogue reserves the right at its sole discretion to cancel your order and return the Course Fee you have paid, up until you receive your login credentials and instructions for access to the respective Sleep Series Course.
3.2. You agree to ensure that you have the necessary technical requirements in order to access the course. These technical requirements are outlined on each course page and may include requirements regarding computer type, internet access, operating system and software.
4. QUALITY OF THE SERVICES
4.1. The Sleep Series Courses have been designed to be up to date and factually correct at the time of recording and to represent the current accepted professional standards with regard to general infant sleep advice.
4.2. The Sleep Series Courses have been designed as a supplement to the information, advice and general instruction offered by the HSE. All Course Material provided is for general information purposes only and should not under any circumstances be construed in any way as being particular individual medical advice or instruction.
4.3. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms of Purchase (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
5. RESULTS NOT GUARANTEED
Results are entirely dependent on your commitment to consistently follow the advice given in the Sleep Series Course. We cannot guarantee results, as many things impact sleep, including but not limited to illness, teething, sleep environment, visitors, travelling, inconsistent reinforcement and growth spurts. If the child reverts to old patterns after having successfully implemented the advice given in the Sleep Series Course, it is important to recognise that this can be part of normal development similarly due to growth spurts, teething and illness.
6. CONSULTATION WITH THE HEALTH CARE PROVIDER
6.1. The advice and information given in the Sleep Series Course is not intended to replace or supplement the medical advice that you receive from your GP, public health nurse or other trusted healthcare provider (the “Healthcare Provider”). You agree that none of the advice and information given in the Sleep Series Course shall be considered medical advice nor should it be relied upon you as medical advice.
6.2. It is your responsibility to rule out any underlying medical conditions that may be causing sleep problems (including, but not limited to sleep apnea, ear infection, allergies, asthma), as well as to ensure that your Healthcare Provider has advised that your child is healthy, gaining weight appropriately, is thriving, and that it is appropriate to implement the advice and information given in the Sleep Series Course.
6.3. You understand that you should always seek the advice of and consult with your Healthcare Provider if you have any healthcare related questions or concerns generally, before embarking on a new sleep program, or if you are concerned about any risks to your baby’s health or well-being that may result from your implementing of the advice or information given in the Sleep Series Course. If a medical problem appears or persists, do not disregard or delay seeking medical advice from your Healthcare Provider.
6.4. You understand that you should obtain the consent of the other parent or guardian (if applicable) to implement the advice and information given in the Sleep Series Course.
7. PAYMENT BY YOU OF THE COURSE FEE. CANCELLATION.
7.1. You agree to pay us the Course Fee in full via our secure online payment system. If you pay the Course Fee by credit or debit card, we will debit your credit or debit card on or after the day of your Purchase.
7.2. The current course fee for any course at any given time will be displayed on the Site.
7.3. Once you have purchased a Sleep Series Course, if you decide that you wish to cancel your purchase, you may do so provided you notify us in writing of your request for cancellation within 14 days of purchase by emailing us at [email protected], and your access to the Sleep Series Course has not been activated/login details not been used. If you duly cancel your purchase of a Sleep Series Course, we will re-credit your Course Fee, within 28 days of receiving your notice of cancellation. There is an administration fee of €20 which will not be refunded in the event of a cancellation. For the avoidance of doubt if your login details have been used/your access to the Sleep Series Course has been activated (even if you have not watched the content in its entirety) or the 14 day period from your purchase has expired (which ever happened earlier), then you will not be able to cancel you purchase and no refunds will be made.
7.4. The time period during which you will have access to the course is 12 month from date of course purchase. The exception to this is the Complete Sleep Series which will grant you access to 3.5 years from date of purchase. Extension of this time may be requested but its granting is at the sole discretion of Babogue. There may be an additional charge for this.
8. OUR LIABILITY TO YOU
8.1. The exclusions and limitations of liability contained in these Terms of Purchase do not apply to any loss or damage resulting from death or personal injury caused by our negligence; loss or damages arising from our fraudulent misrepresentation; or any other losses which may not be excluded or limited by law.
8.2. We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that we are prevented from providing the Services by such an event, we will take all reasonable steps to try to reinstate the provision of the Services to you as soon as is reasonably practicable.
8.3. In no event shall we be liable to you for any indirect or consequential loss that you may suffer including for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill.
8.4. We are not responsible to you for any data that you lose as a result of accessing the Sleep Series Courses or the Course Materials. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer or other device from which you are accessing the Course Materials.
8.5. Except where the above applies, we expressly disclaim any and all warranties, whether statutory, express or implied. You knowingly and voluntarily agree, on behalf of yourself, your successors and your assigns, to waive and release Babogue, its employees and representatives from any and all claims of liability, loss, damage, injury, or other demands for compensation that you may acquire as a result of your Purchase of the Sleep Series Course.
8.6. Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.
9. INTELLECTUAL PROPERTY. YOUR USE OF THE COURSE MATERIALS.
9.1. Babogue is the owner or the licensee of all intellectual property rights in our Site, and in the material published on it including but not limited to the content of the Sleep Series Courses and the Course Materials. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2. In consideration of receipt by us of the Course Fee, we grant to you a non-exclusive, non-transferable license for you to use the Course Materials for the sole purpose of non-commercial home use. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.2. You may print off copies, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your family or social circle to material posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
9.3. Save as expressly set out in these Terms of Purchase, you may not modify, copy, reproduce, share, republish, upload, post, transmit or distribute in any way any of the content of the Sleep Series Courses and Course Materials. Any use of the Course Materials not expressly permitted in these Terms of Purchase is strictly prohibited and will constitute an infringement of our copyright or our other intellectual property rights, and/or the copyright or other intellectual property rights of our licensors.
10.1. These Terms of Purchase are governed by and shall be construed in accordance with Irish law. Any dispute arising between us under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Irish courts.
10.2. These Terms of Purchase constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms (which includes, for the avoidance of doubt, the description of the Services set out on the Site). Nothing in this paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.
10.3. The continued use of the Services following any changes to the Terms of Purchase will mean that you accept such changes.
10.4. Purchase of a Sleep Series product deems agreement to these Terms of Purchase