Terms & Conditions

1. Parties

1.1. The Agreement is between Cesca Record (also trading as Sleep Easy) (the Provider)

and You (the Client).

1.2. References to “we”, “us” or “our” relate to the Provider. References to “you”, “your” or

“participant” refers to the Client.

2. The Programme

2.1. Private 1:1 sleep support with the Provider (the Programme).

2.2. The Provider may vary the Programme content to respond to Participant feedback and

such changes will not be a breach of our agreement with you.

2.3. The Programme will be provided with reasonable skill and care, however, in the event

of any query or complaint in connection with us, please email

cesca@sleepeasy.support

2.4. You may not share or transfer the Programme access or Materials with anyone else.

3. Term and Service Provided

3.1. The services commence from the date of payment and will end 14 days from the date

of the consultation (the Term). The services must be utilised within 28 days from the

date of payment. After the Term expires you may be offered further services.

3.2. These terms and conditions are for the delivery of the Sleep Support services as

agreed with the Client (the Services).

3.3. The Programme is an online programme and would not normally involve in-person

meetings unless specifically included in the Services and/or offered as a bonus. If

offered, bonuses may be subject to time restrictions, availability and separate terms

and conditions. By participating in engaging with the bonus you shall be accepting

any further terms and conditions of that bonus. Bonuses are non transferable and no

cash alternative will be provided in the event that you are unable to participate,

engage, or accept the bonus. In the event that amendments to the bonuses offered

are required, any alternatives will be at the sole discretion of us.

3.4. You acknowledge that implementing the training and information provided through the

Programme is exclusively your responsibility.

3.5. You understand that in order to enhance the working relationship, you agree to

communicate honestly, be open to feedback and assistance and to create the time

and energy to participate fully in the Programme.

3.6. The Provider makes no guarantee as to a particular result that you may wish to

achieve under these terms and conditions, representations or warranties of any kind

or nature, expressed or implied with respect to the services delivered under these

terms and conditions.

3.7. The Programme does not, and is not intended to, provide specific medical, legal,

financial or other professional advice and is and is not meant to take the place of

seeing licensed health or mental health care professionals. The Client acknowledges

that the role of the Provider is not to prescribe or assess health care, medical or

nutritional therapy services; to diagnose, treat or cure any disease, condition or other

physical or mental ailment of the human body. Rather, the Provider is a mentor and

guide who will help the Client reach their own parenting goals by helping clients

devise and implement positive, sustainable lifestyle changes.

3.8. It is your responsibility to make sure that you have adequate computer equipment,

broadband/wi-fi and time to access the Programme.

3.9. You must ensure that you have adequate virus and malware protection before

accessing our systems.

3.10. If you need to reschedule the consultation, you must do so 48 hours in advance of

the session; otherwise, you will forfeit that consultation and will not have an

opportunity to reschedule it.

3.11. There may be occasions out of our control, where a session needs to be cancelled or

postponed by the Provider, these will be rescheduled.

3.12. You must have utilised all services by two weeks after the termination date otherwise

any unused services will be forfeited and not subject to any refund. In the event that

the Provider’s schedule is fully booked, the Provider is not obligated to extend the

time beyond the two weeks and you will forfeit any unused consultation or services.

4. Cancellation and Refund Policy

4.1. If the Provider is unable to provide the Services for reasons beyond their control, the

Provider will notify you as soon as possible. The Provider will always endeavour to

offer an alternative date or support to the same value.

4.2. If you have entered into any agreement remotely, such as online or by telephone, you

have a right to cancel the agreement within 14 days from entering into the agreement

and are entitled to a refund of any amounts paid (Cooling Off Period). You must email

cesca@sleepeasy.support and confirm your instructions to cancel the agreement

within the 14 days. Where you have accessed any of the Services and/or Materials

within the 14 day period you waive your right to a refund, this includes but not

limited to, receiving the intake form and/or sleep diary. This clause does not apply

if you have entered into the agreement at an in-person event.

4.3. Notwithstanding clause 4.2, you otherwise have no right to a refund. This does not

affect your Statutory Rights as a consumer.

4.4. Where a refund is applicable or granted, the Provider will refund money using the

same method used to make the payment, unless the Provider has expressly agreed

otherwise.

5. Payment

5.1. You agree to pay the fees as invoiced.

5.2. Payment is required in full and must be paid prior to the commencement of the

Services. By paying in full you are accepting these terms and conditions.

5.3. Suspension from a Services will not cancel the obligation to pay for the Services.

5.4. If you are paying in a different currency to the one the Provider is selling in, your card

provider or equivalent will apply their own exchange rates at the time of purchase. This

will fluctuate and the exact amount you pay in your own currency is beyond our

control.

6. Confidential Information and Privacy

6.1. All information discussed during the Services will remain confidential, unless your

expressed consent is given to share any information. By signing the agreement you

acknowledge and consent to the Provider, sharing information as necessary directly

with the Provider’s professional supervisor from time-to-time.

6.2. For the avoidance of doubt, if the Provider has a safeguarding or welfare concern, the

Provider will follow any safeguarding code, policy or guidance that may be in force at

the relevant time. This may include contacting relevant authorities such as medical

professionals, local authorities, police or social services.

6.3. The Provider may hold and store your personal data (including your name, email

address, postal address, photograph, and credit card (under certain circumstances)) to

(i) pay for services, (ii) provide details of other services to you or (iii) to complete

internal administration related to you. All data is collected and retained pursuant to

GDPR requirements. For clarification, pursuant to regulations, children’s information

will be stored until they are 25.

6.4. The Provider may contact you (by mail, email, telephone, SMS or via the internet) in

relation to the Service or other events, products or services in which you may be

interested. If you wish to opt-out of such communications, please write to us at

cesca@sleepeasy.support

7. Intellectual Property Rights

7.1. You acknowledge and agree that:

7.1.1. All materials and Trademarks relating to us, whether presented before, during

or after you enter into these terms and conditions or any other associated

event or training, including within the Services, are part of our “intellectual

property rights”, which includes registered and unregistered rights in any

rights, get-up, database rights, and all similar rights;

7.1.2. You will not, at any time, do anything that would infringe our intellectual

property rights, including recording, reusing, reselling or reproducing, nor

disclose to anyone else, in whole or in part, any Materials, except without our

prior written consent;

7.1.3. You may use Materials only for your own participation in the Services and for

private use to support your learning from those Services. You must not

disclose or use the Materials without our permission for any other purpose,

including but not limited to recording any sessions; and

7.1.4. Nothing in this clause creates a right for you to use our Materials as you see

fit and the Provider reserves the right to refuse such permission and/or

consent.

7.2. You are not permitted to use our Trademarks without expressed consent and licence to

do so. Further to the inherent intellectual property rights, you shall not create any

derivative work based on our Services and you shall not create any competing

Products or services based upon information from the Services for the duration of the

Term and for 18 (eighteen) months from the end of the Term.

7.3. Intellectual Property Rights in all Materials produced by us and/or presented in the

Services are and shall remain our absolute property and this clause 8 will survive the

termination of these terms and conditions.

8. Limitation of Liability

8.1. You confirm that the following statements relating to your health and wellbeing are true

and accurate and if at any time during the Programme you become distressed, issues

arise, or those statements become untrue, the Provider asks you to immediately inform

a member of our team:

8.1.1. You are over 18 years of age.

8.1.2. You are participating in the Services of your own free will and accept total

responsibility for your, and your family’s, physical and emotional wellbeing

at all times, and you are in good emotional, mental and physical health.

8.1.3. You are not under the influence of any drugs or alcohol.

8.1.4. You are not taking any medication (whether prescribed or otherwise) or

undertaking treatment for any mental health or psychiatric illness from

any medical practitioners, health practitioner, counsellor or

psychotherapist. If you are taking medication, you declare that you have

seen a medical practitioner and you have been advised that any

participation in the Services will not cause you harm of any nature.

8.2. To the maximum extent permitted by law, our aggregate liability arising out of or related

to the Services, the Services or these terms and conditions, whether in contract,

personal injury, damage to belongings or otherwise shall not exceed the amounts

actually paid by you for the Services.

8.3. To the maximum extent permitted by law, the Provider will not be liable to you in any

way for: (i) any cost, loss of income, or for any loss or damage; or (ii) any event that

the Provider cannot reasonably control, and which would have been unavoidable

(despite reasonable commercial efforts to prevent the event happening) or resulting

from us complying with any relevant requirement under any law or regulation to which

the Provider is subject.

8.4. In no event shall the Provider be liable to you for any indirect, consequential or special

damages. Notwithstanding any damages that you may incur, our entire liability under

these terms and conditions, and your exclusive remedy, shall be limited to the amount

actually paid by you under these terms and conditions for all services rendered

through the term, in as far as permitted by law.

8.5. Nothing in these terms and conditions shall be taken to exclude any liability of either

party for death or personal injury caused by its negligence or any fraudulent

misrepresentation.

9. Termination

9.1. If payment is not received as agreed, the Services may be suspended until the breach

is rectified. The Provider reserves the right to terminate these terms and conditions for

non-payment.

9.2. If you breach these terms and conditions and either the breach cannot be rectified or

has not been rectified within 21 days, the provider has the right to terminate these

terms and conditions.

9.3. Otherwise these terms and conditions will terminate two weeks after the Term has

expired.

9.4. Termination of your participation in the Services, whether by you or by us or by the

Services coming to an end, shall not affect rights and obligations already accrued prior

to termination, and shall not undermine the continued enforceability of the

confidentiality and intellectual property obligations set out in these terms and

conditions.

10. General

10.1. These terms and conditions are not enforceable by any third party (whether under

statute or otherwise).

10.2. Any notices under these terms and conditions shall be via email or in writing to the

email address provided by the other party.

10.3. These terms and conditions are the entire agreement between the parties in relation to

its subject. No other terms apply, save where explicitly indicated within these terms

and conditions.

10.4. You are not permitted to vary these terms and conditions. The Provider may from

time-to-time amend, update or vary these terms and conditions and the Provider

endeavours to give you reasonable notice of the same.

10.5. The unenforceability of any part of these terms and conditions will not affect the

enforceability of any other part.

10.6. Unless otherwise agreed, no delay, act or omission by either party in exercising any

right or remedy will be deemed a waiver of that, or any other, right or remedy.

10.7. These terms and conditions and any issues arising out of, or connected to it, are

governed by English law and subject to the courts of England and Wales.