2. We, Burleigh Creative Pty Ltd offer a subscription-based service to the content within the Sleeptot App.
3. Subscriptions can be purchased either directly from:
3.1. the SLEEPTOT website (Website Purchase); or
3.2. externally (In-App Purchase).
4. Different subscription plans may be offered depending on Your location or place of purchase.
5. The subscription fee will apply regardless of how much or how often You access or use Your subscription.
6. These include a purchase made via an external App Store, such as the Apple App Store or Google Play Store, or another similar App Store.
7. An In-App Purchase is purchased from and billed by the respective App Store, not by Us.
8. Subscriptions can be purchased either directly from:
8.1. an In-App Purchase is subject to the terms, conditions and other licensing arrangements specified by that App Store provider;
8.2. In-App Purchases are processed securely via the payment gateway used by the relevant App Store provider; and
8.3. You must take up with the App Store provider directly any payment-related issues You experience with an In-App Purchase or return requests.
9. Subscriptions purchased directly from the SLEEPTOT website are managed and billed by Us.
10. All SLEEPTOT Website Purchases are processed securely via our third party payment gateway providers, such as Stripe or PayPal. You must refer to their terms and conditions for additional information.
11. All transactions are handled over SSL and are PCI-Compliant. We do not store Your credit card details.
12. Subject to any free trial period, payment must be made at the time of purchase and before You have access to Your subscription.
13. Subscriptions to the Sleeptot App will be auto-renewed on the first day of Your next billing period.
14. You must notify Us of any change to Your Payment Method.
14.1. We will assume your Payment Method is correct and will continue to bill fees and charges relating to Your subscription by Your nominated Payment Method;
14.2. If any subscription fees billed to Your account are not processed for any reason, We may suspend Your subscription until payment is made in full.
15. We reserve the right to vary the subscription fees from time to time, but only for the next and subsequent billing periods.
15.1. In that event We will give You reasonable notice of the variation before it will come into effect; and
15.2. If you do not cancel Your subscription before your next billing cycle, you will be deemed to have accepted the variation.
16. Your Sleeptot subscription may start with a free trial for a fixed period as specified at the time of sign up.
17. Free trials are only available to new SLEEPTOT users, and are at the sole discretion of SLEEPTOT, and if you attempt to sign up for an additional free trial You will be immediately charged with the standard subscription price.
18. We reserve the right to revoke Your free trial at any time.
19. Unless You cancel at least 24 hours before the end of the trial period, Your free trial will automatically roll over to a paid subscription.
20. Any unused portion of Your free trial period will be forfeited upon purchase of a subscription.
21. We may offer special promotions, trials, discounts, offers or coupons from time to time directly through SLEEPTOT or through third parties, subject to and on its terms and conditions separate to those of SLEEPTOT. It is Your responsibility to read and understand those terms and conditions.
22. Any trial offers or subscriptions will automatically rollover to a paid subscription unless cancelled at least 24 hours before the end of the promotional period, or unless otherwise stated.
23. You may cancel Your subscription at any time.
24. Unless You cancel at least 24 hours before the start of Your next billing period, you will be charged for the next billing period.
25. After cancellation, You will continue to have access to the SLEEPTOT App for the remainder of Your billing period.
26. To cancel your subscription, you will need to go to the platform your subscription was created on.
26.1. If you subscribed via the website, go to Profile in Settings, and follow the prompts to cancel the subscription.
26.2. If you subscribed via the iOS app or Android app, you will need to cancel your subscription via the relevant App Store, such as the Apple App Store or the Google Play Store.
27. If We take action to collect any unpaid subscription fees from You, You will pay all costs (on a full indemnity basis) incurred in doing so.
28. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event.
29. For support enquiries, please contact us at email@example.com
30. The laws in force in Queensland govern these Billing Terms.
HOW DO WE COLLECT AND USE INFORMATION?
WHAT INFORMATION DO WE SHARE WITH THIRD PARTIES?
We will not share any PII that we have collected from you except as described below:
THE SECURITY OF YOUR INFORMATION
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. In the event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
LINKS TO OTHER SITES
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.
POLICY TOWARD CHILDREN
Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.
If Burleigh Creative makes any changes to this Policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page.
AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
CHANGES TO TERMS OR SERVICES
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
WHO MAY USE THE SERVICES
Registration may be required for the use of certain Services and portions of the Website. If you choose to provide information to the Website, you agree to provide only true, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password.
Children under the age of 13 are not eligible to use the Website and must not attempt to register with Sleeptot and/or submit any personal information to us. We don't knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us at firstname.lastname@example.org and we will delete all relevant information.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Sleeptot account.
This website is not intended for persons under 13 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
While the information published on this site and application is believed to be accurate, it has been published solely for the purpose to provide general information and is not intended as a substitute for professional medical advice. If you have questions or concerns regarding your child’s health, please seek assistance from a qualified healthcare provider.
You acknowledge and agree that no medical advice, medical service, medical information or other medical engagement is provided through the Application or otherwise by Burleigh Creative or by anyone on its behalf, and that you are installing and (if applicable) using the Application at your own risk, without any reliance, assumption, expectation, or intent whatsoever that the Application and/or Burleigh Creative shall provide you any medical advice, medical service, medical information or other medical engagement. The Application is supplied and distributed by BURLEIGH CREATIVE solely for enjoyable use and shall not and cannot be used for any other purposes, including without limitation, for any medical purposes whatsoever, or any other purpose or usage where accuracy or reliability is required. You are hereby urged and expressly asked to consult your health care provider for any health concerns.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us email@example.com .You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
CONTENT AND CONTENT RIGHTS
For purposes of these Terms, “Content” means text, graphics, images, sounds, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Subject to your compliance with these Terms, Burleigh Creative grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Subscriptions will continue until terminated. Unless the subscription is cancelled at least 24 hours before the renewal date, the following period’s fees and charges will be charged to your nominated Payment Method.
The subscription fees and charges will be billed on a monthly, quarterly or yearly basis depending on the subscription you have selected, to your Payment Method on the commencement day of your first paid subscription.
Burleigh Creative reserves the right to vary the fees charged for our subscription based Products from time to time. If fees are varied through the exercise of this right, then Burleigh Creative will inform you of any such variation and provide you with one month’s notice of any such change.
If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not chose to cancel your subscription within 14 days of the change coming into effect, you will be deemed to have accepted the variation.
Upon your subscription to the Product, you agree to subscription fees and all other charges relating to the subscription being billed automatically to the nominated Payment Method provided by you during the Order process.
You must notify the App Store of any change to your Payment Method. If you do not notify the App Store of any such change, then Burleigh Creative will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.
If any subscription fees or charges billed to your account, are not processed for any reason, then Burleigh Creative will have the right to suspend your subscription until all fees and charges have been paid in full.
You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Burleigh Creative in collecting any unpaid subscription fees or charges from the Customer.
Subscription fees will apply regardless of whether or not you use your subscription.
Subscriptions will rollover to full-priced membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled at least 24 hours before the end of the promotional period. The following period’s fees and charges will be charged to your nominated payment method. Subscriptions will continue until terminated. Burleigh Creative shall be under no obligation to refund any subscription fee under any circumstances.
You agree not to do any of the following:
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
You will indemnify and hold harmless Burleigh Creative and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
LIMITATIONS OF DAMAGES
IN NO EVENT SHALL BURLEIGH CREATIVE OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF BURLEIGH CREATIVE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES