Terms and Conditions
These terms of use consist of:
Part A – Terms of use for acceptable website usage, applicable to all users of www.olivia-sleeps.com (the “Website”).
Part B – Terms of use for purchases, applicable to purchasers of services from Olivia sleeps by Estivaliz Kempa through this Website.
Please read these terms of use carefully.
Part A – Terms of use for acceptable website usage applicable to all users of the Website
1. OWNERSHIP OF THE WEBSITE; ACCEPTANCE OF THE TERMS OF USE
1.1. These terms of use (the “Terms of Use”) apply to this Website. The Website is owned by Estivaliz Kempa (Olivia sleeps), registered address: Amlehnstrasse 10, 6010 Kriens, Switzerland.
BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE REFRAIN FROM USING OUR WEBSITE.
1.2. Olivia sleeps reserves the right to change, modify, add, or remove portions of these Terms of Use at any time at its sole discretion. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes signifies that you accept and agree to the changes. As long as you comply with these Terms of Use, Olivia sleeps grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Website.
1.3. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them.
1.4. By using the Website (regardless of where in the world you access it), you accept that your use of the Website is also governed by Austrian law, and if any claims or disputes arise from your use of the Website or any of the information contained therein, you agree that the Austrian courts shall have exclusive jurisdiction over all such claims or disputes.
2. COPYRIGHT
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 Website is owned by Olivia sleeps.
2.2. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring” or “framing”) to any other computer, server, website, or other media for publication, distribution, or for any commercial enterprise without Olivia sleeps' express prior written consent.
2.3. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission you send on or through the Website or any service offered on or through the Website. 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 OFFENSES
3.1. You must not use the Website or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Olivia sleeps or others.
3.2. Without limiting the generality of the foregoing, you must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
3.3. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website 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 Website or your downloading or other accessing of any material on it or on any website linked to it.
4. LINKING TO OUR WEBSITE
4.1. You may link to our homepage, provided you do so in a fair and legal manner and do 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.
4.2. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the homepage. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms of Use.
5. LINKS FROM OUR WEBSITE
Where our website 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
Additional terms and conditions may apply to purchases of services and to specific portions or features of the website, all of which are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific part of the website or for any service offered on or through the website, the latter terms shall control with respect to your use of that part of the website or the specific service.
Olivia sleeps may make changes to any products or services offered on the website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the website with respect to products and services may be out of date, and Olivia sleeps makes no commitment to update the materials on the website with respect to such products and services
7. DISCLAIMER OF WARRANTIES
7.1. Olivia sleeps does not promise that the website or any content, service, or feature of the website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the website will provide specific results. The website and its content are delivered on an “as-is” and “as-available” basis. All information provided on the website is subject to change without notice.
7.2. The information provided on the website is not intended to replace or supplement the advice provided by your physician, public health nurse, or other trusted healthcare provider. None of the advice and information (whether free or for a fee) on the website is considered medical advice, and you should not rely on it as such. Any actions you take based on the information or advice provided on the website are taken at your own risk and responsibility, and Olivia sleeps accepts no liability in this regard.
8. LIMITATION OF LIABILITY
8.1. To the extent permitted by law, Olivia sleeps will not be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Olivia sleeps has been advised of the possibility of such damages.
8.2. If, notwithstanding the other provisions of these Terms of Use, Olivia sleeps is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the website or any content, Olivia sleeps' liability shall in no event exceed the total amount of all fees paid by you for any service or feature of the website in the three months prior to the date of the initial claim against Olivia sleeps.
9. INDEMNITY
You agree to indemnify and hold Olivia sleeps harmless from any demands, loss, liability, claims, or expenses (including attorneys' fees) made against Olivia sleeps by any third party due to or arising out of or in connection with your use of the website.
10. PRIVACY AND DATA PROTECTION POLICY
We have a detailed Privacy and Data Protection Policy. Visitors are strongly encouraged to read it carefully.
11. YOUR CONCERNS
If you have any concerns about material that appears on our website, please contact: contact@olivia-sleeps.com.
Part B – Terms and Conditions of Purchase Applicable to Buyers of Services through this Website
These terms and conditions of purchase ("Terms of Purchase") apply to the provision of services offered for purchase on www.olivia-sleeps.com (the "Website"). Please read these Terms of Purchase carefully before purchasing any services. These Terms of Purchase should be read and understood in conjunction with the Terms of Use in Part A above (where applicable).
1. DEFINITIONS
For the purposes of these Terms of Purchase: "We", "Us" refers to Olivia sleeps, providing the services to you. "You" refers to the person receiving the services; "Purchase" refers to the process of buying or accessing services. Your purchase through the Website includes filling out the appropriate forms on the Website, providing your payment information, and submitting the details to us. "Services" means the provision and access to the respective consultations, where this option applies; "Course Fees" refers to the fee payable for the provision of the services.
2. PRIVACY AND DATA PROTECTION POLICY
2.1. We have a detailed Privacy and Data Protection Policy. You are advised to read it carefully.
2.2. By accepting these Terms of Purchase, you also accept and agree to the provisions of our Privacy and Data Protection Policy.
3. PROVISION OF SERVICES
3.1. After you have purchased a service, you will receive an email confirmation that confirms the arrangements for the service.
3.2. The agreement for the provision of services between you and Olivia sleeps is not considered completed until you receive your confirmation for the booked service.
4. CONSULTATION
4.1. The advice and information provided during the consultation are not intended to replace or supplement the advice you receive from your general practitioner, public health nurse, or another trusted healthcare provider ("Healthcare Provider"). You agree that none of the advice and information provided during the consultation is to be regarded as medical advice and should not be relied upon as such.
4.2. It is your responsibility to rule out any underlying medical conditions that may cause sleep issues (including but not limited to sleep apnea, ear infections, allergies, and asthma) and to ensure that your Healthcare Provider has advised that your child is healthy, gaining weight appropriately, thriving, and it is appropriate to implement the advice and information provided during the consultation.
4.3. You understand that you should always seek the advice and guidance of your Healthcare Provider if you have any questions or concerns related to health before implementing sleep consulting recommendations, or if you have concerns about any risks to your baby's health or well-being that may arise from implementing the advice or information provided during the consultation. If a medical issue arises or persists, you should not wait for or delay seeking medical advice. Seek advice from your Healthcare Provider.
4.4. You understand that you should obtain the consent of the other parent or guardian (if applicable) to implement the advice and information provided during the consultation.
5. PAYMENT BY YOU FOR THE CONSULTATION. CANCELLATION.
5.1. You agree to pay us in full for the consultation through our secure online payment system. If you pay by credit or debit card, we will charge your credit or debit card on or after the day of your purchase.
5.2. The current fee for each service at any given time will be displayed on the Website.
5.3. Once you have purchased a consultation, if you decide to cancel your purchase, you may do so provided you inform us in writing within 48 hours of purchase by emailing us at contact@olivia-sleeps.com, provided the consultation has not yet taken place within those 48 hours. If you properly cancel your purchase, we will refund your service fee within 28 days of receiving your cancellation notice. There is a non-refundable administration fee of €20 in the event of a cancellation.
6. OUR LIABILITY TO YOU
6.1. The exclusions and limitations of liability in these Terms of Purchase do not apply to losses or damages caused by our death or personal injury due to our negligence; losses or damages resulting from our fraudulent misrepresentation; or any other losses that cannot be excluded or limited under applicable law.
6.2. We are not liable to you if we are unable to provide the services to you due to an event beyond our reasonable control, which includes events such as fire, flood, storm, strikes, or other industrial actions, failure of telecommunications services, war, riot, or actions of any government or public authority. If we are prevented from providing the services due to such an event, we will take all reasonable steps to resume the provision of the services to you as soon as reasonably possible.
6.3. In no event will we be liable to you for any indirect or consequential losses you may suffer, including loss of profits, earnings, anticipated savings, revenue, or goodwill.
6.4. Except as stated above, we expressly disclaim all warranties, whether statutory, express, or implied. You agree, on behalf of yourself, your employees, agents, parents, affiliates, and associates, that our consultations are provided "as is" and "as available" and that any use of our consultations is at your own risk. In particular, we cannot guarantee that our consultations will meet your requirements or be uninterrupted, timely, secure, or error-free. We expressly disclaim any implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and content of our services.
6.5. Our maximum liability to you (if any) is the amount you paid for the consultation.
7. INTELLECTUAL PROPERTY AND USE OF COURSE MATERIALS
7.1. Olivia sleeps by Estivaliz Kempa is the owner or licensee of all intellectual property rights on our Website and the material published on it, including but not limited to the content of the services. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2. You must not use any part of the materials on our Website for commercial purposes without obtaining a license from us or our licensors.
7.3. You may print off one copy and may download extracts of any page(s) from our Website for your personal reference and you may draw the attention of others within your family or social circles to material posted on our Website. However, 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 graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
7.4. Except as expressly stated in these Terms of Purchase, you must not modify, copy, reproduce, share, republish, upload, post, transmit, or distribute in any way any content from the consultations. Any use of the materials not expressly permitted in these Terms of Purchase is strictly prohibited and constitutes a breach of our copyright or other intellectual property rights and/or the copyright or other intellectual property rights of our licensors.
8. GENERAL
8.1. These Terms of Purchase are governed by and construed in accordance with Austrian law. Disputes arising in connection with these Terms are subject to the exclusive jurisdiction of the Austrian courts.
8.2. These Terms of Purchase constitute the entire agreement between us regarding the provision of services by us to you and supersede all previous agreements between us regarding the services. You acknowledge that you have relied solely on the statements expressly set out in these Terms in relation to the services and not on any statements made by us or any of our representatives regarding the services. Nothing in this paragraph excludes or limits our liability for fraud or fraudulent misrepresentation.
8.3. Continued use of the services following any changes to the Terms of Purchase indicates your acceptance of such changes.
8.4. The purchase of a consultation product is considered acceptance of these Terms of Purchase.
9. CONSULTATION WITH HEALTHCARE PROVIDERS
9.1. The client agrees to consult their child’s pediatrician or general practitioner ("Healthcare Provider") before implementing the sleep plan if the client has any questions regarding their child's health. It is the client’s responsibility to ensure that any underlying medical conditions that may cause sleep issues have been ruled out and to ensure that the Healthcare Provider has advised that the client's child is healthy.
9.2. If the client's intention is to stop night feedings, the client should ensure that this is approved by their child's pediatrician.
9.3. The client agrees to inform Olivia sleeps by Estivaliz Kempa of any changes in the child's health during the sleep training process, as sleep training should not be implemented on a sick child or a child with an underlying medical condition that affects sleep.
10. CLIENT ENGAGEMENT AND COMMUNICATION
The client understands that their engagement in this process is essential to achieve the desired sleep outcomes for their child.
The client agrees to follow the current recommendations of relevant health authorities for safe sleep practices.
The client understands that Olivia sleeps by Estivaliz Kempa welcomes updates and correspondence. The client agrees to address any concerns, doubts, or confusion regarding the sleep plan developed with Olivia sleeps by Estivaliz Kempa as soon as possible so that they can be constructively addressed.
The client must prioritize sleep and follow the recommendations of Olivia sleeps by Estivaliz Kempa to achieve results. Consistency in sleep times, methodology, approach, and implementation is crucial.
Olivia sleeps by Estivaliz Kempa is generally available for inquiries during business hours on weekdays and strives to respond promptly to messages or emails.
The client should use their own judgment while waiting for a response from Olivia sleeps by Estivaliz Kempa and should always use their best judgment during the sleep consultation process.
Professionalism and Courtesy:
Olivia sleeps by Estivaliz Kempa is committed to treating all clients with respect and kindness, especially given the sensitive nature of sleep and family matters.
The client agrees to maintain professionalism and respect in all communications with the consultant. This includes, but is not limited to, not insulting or yelling at the consultant, not using profanity, and not disparaging the consultant’s professional opinion and work.