­Terms & Conditions for Happy Baby Schlaf

Introduction

Welcome to the Happy Baby Schlaf Website https://happybabyschlaf.com (the “Website”). This Website provides information, articles, interactive community forums and an online store on themes related to baby and toddler sleep coaching. By using this Website you agree to abide by these terms and conditions. If you disagree with these terms and conditions, you must not use this Website.

This Website is intended for use by individuals who are at least 18 years of age.
The Website does not Offer or Replace Medical Advice.

The Website provides information and resources about sleep solutions for children and related health and development topics. It is not a forum for medical advice. Any statements or opinions expressed on the Website should not replace the advice of a heath professional familiar with your personal health situation. You should always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. You should not disregard professional medical advice or delay in seeking medical treatment because of something you read on the Website.

Whilst Carmen Liebert (Happy Baby Schlaf) is committed to helping you get your child sleep through the night and nap well (where applicable), there is no guarantee that the customised sleep solution will work for all children. The level of success for your child to be sleeping successfully is significantly enhanced by following the recommending sleep solutions constructed for your child by Carmen Liebert (Happy Baby Schlaf). Not following the plan, or only selecting components of the plan, will reduce the chances for your child to successfully sleep through the night or nap properly. Similarly, in a family environment it is crucial that all family members involved with your child’s sleeping plan follow the plan (mum, dad, grandparents, helpers and/or nannies etc.).

By accepting the customised sleep plans provided by Carmen Liebert / Happy Baby Schlaf:

  • I agree to follow safe sleeping practices in line with SIDS recommendations provided in THIS material.
  • I agree to check with my child’s paediatrician if my baby has any medical conditions which prevent him/her from being sleep trained safely.
  • I agree to disclose any medical condition to the baby sleep consultant, Carmen Liebert (Happy Baby Schlaf), which my baby has.
  • I agree to the information regarding my baby to be used in case studies, provided that this information is kept anonymous and the names changed.
  • I agree to pay all fees prior to starting the sleep coaching program and I acknowledge that my personalised sleep plan will not be written or sent to me without payment being first received by Carmen Liebert (Happy Baby Schlaf).
  • I agree that the only reason the sleep training could be put on hold is for illness or natural calamities. This can be for a maximum of 1 month. After that there will be a re-evaluating fee of €75.
  • Any coaching support included in a sleep coaching package expires if not used within 1 month of purchase. After that, any further support required will have to be repurchased by the customer at an additional cost.
  • I understand that my customised sleep plan is meant for my baby/child and me only, and should not be shared with a third party.
  • I agree that any changes I make to my baby’s sleeping or eating arrangements are my decision and responsibility. Carmen Liebert (Happy Baby Schlaf) only makes suggestions for change, and is not liable for the implementation of these changes.
  • I understand that the Carmen Liebert (Happy Baby Schlaf) will respond to any emails, messages, or missed telephone calls within 24 hours.
  • I understand that Carmen Liebert (Happy Baby Schlaf) does not work on weekends or bank holidays. I therefore will not take phone calls or answer emails or other correspondence. Any correspondence received on weekends or Bank Holiday will be answered on the following Monday or the next working day.
  • I understand that my sleep plan requires me to be 100% consistent and Carmen Liebert (Happy Baby Schlaf) is not responsible for the outcome if I do not follow the plan correctly. I agree that if I do not follow the sleep plan correctly and my child’s sleep does not improve, I am not entitled to a refund.
  • Cancellations less than 48 hours prior to assessment schedule date (sending/receiving the sleep plan) will only be refunded 50% of the fee. Cancellations prior to 48 hours before receiving the sleep plan will be 90% refunded (10% would cover the initial consultation costs). There are no refunds after the personalised sleep plan has been sent.
  • If travel is required as part of a sleep package, the first 15 km are considered FREE. A charge of 0,90 € for each additional km will be then added to the bill.
  • I understand that if I do not follow the sleep plan correctly the expected results may not be achieved.
  • I understand that if Carmen Liebert (Happy Baby Schlaf) does not hear from me for a period of time (more than 4 days), or if I miss a pre-arranged call/meeting time, it means that all is going well and no further support is required.

License to use the Website

Carmen Liebert owns the intellectual property rights in the Website content and in the Website itself, except where noted otherwise. You may view, download for caching purposes only, and print content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this Website (including republication on another Website);
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public;
  • *use material on this Website for a commercial purpose;
  • edit or otherwise modify any material on the Website; or
  • redistribute material from this Website except for content specifically and expressly made available for redistribution.

Acceptable Use

You may use this Website for your own personal lawful use. You agree and understand that you shall not use this Website in any way that may cause damage to the Website or impair the availability or accessibility of the Website; or for any unlawful, illegal, fraudulent or harmful purpose or activity.

You may not:

  • copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without the express written consent of Carmen Liebert;
  • use this Website to transmit or send unsolicited commercial communications; and,
  • use this Website for any purposes related to marketing without express written consent of Carmen Liebert.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

You grant to Carmen Liebert a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Carmen Liebert the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Carmen Liebert or a third party (in each case under any applicable law).

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Carmen Liebert reserves the right to edit or remove any material submitted to this Website, or stored on the servers of Carmen Liebert, or hosted or published upon this Website.

Notwithstanding the rights of Carmen Liebert, under these terms and conditions in relation to user content, Carmen Liebert does not undertake to monitor the submission of such content to, or the publication of such content on this Website.

No Warranties

This Website is provided “as is” without any representations or warranties, express or implied. Carmen Liebert makes no representations or warranties in relation to this Website or the information and materials provided on this Website. CARMEN LIEBERT, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without prejudice to the generality of the foregoing paragraph, Carmen Liebert does not warrant that:

  • this Website will be constantly available, or available at all; or
  • the information on this Website is complete, true, accurate or non-misleading.

Limitations of Liability

  • Carmen Liebert, will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  • These limitations of liability apply even if Carmen Liebert, has been expressly advised of the potential loss.

Exceptions

  • Nothing in this Website disclaimer will exclude or limit any warranty implied by law that would be unlawful to exclude or limit;

Other parties

You accept that, as a limited liability entity, Carmen Liebert, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the officers or employees of Carmen Liebert, in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect Carmen Liebert, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except to provide products or services you’ve requested. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

The happybabyschaf.com website may contain links to third-party sites. These third-party sites have separate and independent terms of service and privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Intellectual property

This Agreement does not transfer from the Happy Baby Schlaf to you any of other third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Happy Baby Schlaf. Happy Baby Schlaf logo and all other trademarks, service marks, graphics and logos used in connection with it, or this website are trademarks of Happy Baby Schlaf. Other trademarks, service marks, graphics and logos used in connection with this website may be the trademarks of other third parties. Your use of our site grants you no right or license to reproduce or otherwise use any Happy Baby Schlaf or third-party trademarks.

Unenforceable provisions

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

Indemnity

You hereby indemnify Carmen Liebert and undertake to keep Carmen Liebert indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Carmen Liebert to a third party in settlement of a claim or dispute on the advice of the legal advisers of Carmen Liebert,) incurred or suffered by Carmen Liebert arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Nothing on this website or in the content of the products offered is intended to be a diagnosis or advice from a medical professional or any professional associated with the medical profession. We urge you to seek advice form a medical professional in connection with each of our suggestions. The ultimate decision on any care must be made only between you and your medical professional.

Testimonials 

  1. Carmen Liebert may request you to provide a testimonial to be published on Carmen Liebert / Happy Baby Schlaf’s website, or featured on Carmen Liebert / Happy Baby Schlaf’s social media accounts. You understand that this is not mandatory and you have the free choice to do so or not. This will not impact the relationship between you and Carmen Liebert.
  2. If you accept and provide Carmen Liebert with a testimonial, you understand the material, along with a photo of you/your baby, will likely be published on Carmen Liebert’s website, social media, or otherwise. Should you agree to provide a testimonial, you will also agree to review and sign an additional Release if asked, confirming same, and confirming Carmen Liebert’s rights to use your testimonial. No payment or additional services will be provided in return for Testimonial, and you understand that you grant Carmen Liebert an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Carmen Liebert as part of a Testimonial.

Breaches of these terms and conditions

Without prejudice to the Carmen Liebert, other rights under these terms and conditions, if you breach these terms and conditions in any way, Carmen Liebert may take such action as Carmen Liebert deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Payments and security

Happy Baby Schlaf Website offers products and services for sale. The website does not handle payments for these products directly but rather refers these payments to a secure third-party payment processor like Stripe or Paypal which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however, we make no guarantees of timeliness or immediacy. We can also assure you that, when you place an order and pay a product from this website using Stripe or Paypal, we never have access to your credit card information whatsoever.

Termination

Carmen Liebert / Happy Baby Schlaf may restrict or terminate your access to all or any part of this website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using this website. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by Happy Baby Schlaf if you materially breach this Agreement and fail to cure such breach within 14 (fourteen) days from Happy Baby Schlaf’s notice to you thereof; provided that Happy Baby Schlaf can terminate this website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Variation

Carmen Liebert may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Carmen Liebert may transfer, sub-contract or otherwise deal with Carmen Liebert, rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Germany and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Berlin, Germany.

Contact

Any questions about these terms & conditions should be addressed to me via the contact form.