These Terms and Conditions consist of:
- Part A – Terms and Conditions of Acceptable Use of Website applying to all users of www.mamatoma.com (the “Site”).
- Part B – Terms and Conditions of Purchase applying to purchasers of any of the services of Mama Toma via this 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 Austria and if any claim or dispute arises from your use of the Site or any of the information on it, you agree that the Austrian courts will 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 Site is owned, controlled or licensed by or to Mama Toma.
2.3. 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.
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. Mama Toma 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 Mama Toma in this respect.8. LIMITATION OF LIABILITY
8.1. Except where prohibited by law, in no event will Mama Toma be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Mama Toma has been advised of the possibility of such damages.
. Visitors are advised to read it carefully. 11. YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact: email@example.com Part B – Terms and Conditions of Purchase applying to purchasers of any services via this Site.
. You are advised to read it carefully.
3.1. Once you have purchased a service, you will receive an email confirmation which confirms the arrangements for the service.
3.2. The agreement for provision of services between you and Mama Toma will be considered concluded only when you receive your confirmation of booked service.4. CONSULTATION
6.1. The advice and information given during consultation 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 consultation 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 consultation.
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 sleep consulting recommendations, 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 consultation. 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 consultation.7. PAYMENT BY YOU OF THE CONSULTATION. CANCELLATION.
7.1. You agree to pay us the consultation in full via our secure online payment system. If you pay 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 fee for any service at any given time will be displayed on the Site.
7.3. Once you have purchased a consultation, 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 48 hours of purchase by emailing us at firstname.lastname@example.org, provided that the consultation has not yet been provided to you within these 48 hours. If you duly cancel your purchase, we will re-credit your service 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.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. 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 Mama Toma, 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 services.
8.5. 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. Mama Toma 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 services. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2. 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.
9.3. 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 consultations. Any use of the 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. GENERAL
10.1. These Terms of Purchase are governed by and shall be construed in accordance with Austrian law. Any dispute arising between us under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Austrian 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 consultation product deems agreement to these Terms of Purchase.11.CONSULTING HEALTH CARE PROVIDER
The Client agrees to consult with the Client’s pediatrician or family physician (“health care provider”), about the Client’s intention to sleep train prior to implementing the sleep plan if the Client has any questions regarding their child's health. It is the Client’s responsibility to be sure that any underlying medical conditions that may be causing sleep problems (including, but not limited to, sleep apnea, ear infection, allergies, and asthma) have been ruled out as well as to ensure that the health care provider has advised that the Client’s child is healthy. If it is the Client's desire to stop nighttime feedings, the Client should be sure that doing so is okay with their child's healthcare provider. The Client agrees to notify Sleep Baby of any changes to the child's health during the sleep training process as sleep training should not be implemented for a child who is ill or has an underlying medical condition that affects sleep.12.CLIENT COMMITMENT AND COMMUNICATION
The Client understands that their commitment to this process is absolutely necessary in order to see the results they are hoping for in regard to their child’s sleep. The Client agrees to follow current recommendations from the American Academy of Pediatrics on safe sleep practices. The Client understands that Mama Toma encourages and enjoys updates from them and that it is their responsibility to correspond with Mama Toma. The Client promises to bring up any concerns, doubts, or confusion in regard to the sleep plan developed with Mama Toma and as soon as possible so the Client and Mama Toma may address them constructively and work together to achieve the goals set forth in the consultation.
a.The Client must prioritize sleep and follow recommendations given by Mama Toma in order to see results. The Client is responsible for being consistent with sleep times, methodology, approach, and follow through in order to see results. Mama Toma does not offer any guarantee regarding sleep goals or results as the Consultant is only one half of the partnership, the Client is the other. We work together to achieve success.
b. The Client understands that Mama Toma is generally available to answer questions on weekdays during the business hours (9:00 to 18:00 at the Consultant’s local time) and that correspondence received during holidays, Saturdays, or Sundays may be answered the next business day. If the Client is needing guidance, the Client should first use their own best judgement and second text or email their Consultant with Mama Toma so that they may be assisted as promptly as possible (with the understanding that text messages or emails received weekdays between 9:00 and 18:00 (Consultant’s local time) will be answered within 24 hours and on average within 2-3 hours during 9:00 and 20:00. The Client understands they should use their best judgment while waiting for a response from Mama Toma, and should use their best judgment at all times during the sleep training process.13.PROFESSIONALISM AND COURTESY
Mama Toma agrees to treat all Clients with respect and kindness especially given the sensitive nature of sleep and family. The Client agrees to maintain professionalism and respectfulness towards the Consultant in all their communications. This includes but is not limited to: no cursing or yelling at the consultant, calling names, or disparaging their professional opinions and work.