BACKGROUND:

These Terms & Conditions set out the terms and conditions on which in person and remote 1:1

Sleep Consultations, and/or downloadable content, all of which shall be referred to as (“Paid Content” or “Sessions”) is provided by Us to consumer clients.

Prior to purchasing Paid Content, You must first accept and agree to comply with and be bound by these Terms & Conditions and the attachment. If You do not agree to these Terms & Conditions, You will not be able to book a consultation.

These Terms & Conditions apply only to the provision of 1:1 Sleep Consultations and downloadable content from Us.

DEFINITIONS AND INTERPRETATION

In these Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Background Items” means additional resources (background and other information or material) forming part of, or complementary to, the training, instruction, consultation, or information sessions to be provided to You.

“Contract” means a contract between Us and You for the purchase of 1:1 Sleep Consultation,

“Consumer” means an individual customer who purchases Our services comprising of any Paid Content which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession

“Paid Content” means any

  1. session of training, instruction, teaching, mentoring, consulting, information, downloadable content or advice or guidance; or
  2. consultation session concerning Your requirements for training, instruction, teaching, mentoring, consulting, information, or advice or guidance; or
  3. any related materials or other information which We offer or sell, comprising any content

(including text, graphics, images, audio, video and other content)

“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018; the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations

2003 as amended.

“You/Your” means the person, as a consumer, making the purchase of a 1:1 Sleep Consultation.

“Consultant” means the trainer, instructor, teacher, mentor, counsellor or other individual who interacts with You;

“Sleep Package” means the sleep coaching package You choose to purchase provided by Us to

You on a one-to-one basis

“Sleep Space” means the sleep guide You purchase and access through our thinkific page with unlimited access.

“We/Us/Our” means The Little Cherry Tree Company, 9 Drapers Close, Warmington, PE8 6UQ ACCESS TO PAID CONTENT

  1. It is Your responsibility to make any and all arrangements necessary in order to access Your

Sleep Consulting Session(s) or download any content, such as but not limited to a Sleep Space, You purchase from Us.

  1. We may alter, suspend or discontinue certain items of Paid Content namely downloadable or other viewable text, graphics or other non-video, non-audio items or information, including Background Items, at any time and without notice. We will not be liable to You in any way if these items are unavailable at any time for any period after You have purchased any Paid Content.
  2. Only if a person is aged at least 18 years of age and a Consumer may they set up an Account and purchase through Our Site and access Paid Content

PURCHASES, PAID CONTENT, PRICING AND AVAILABILITY

  1. We may from time to time change Our prices. Changes in price will not affect any purchases You have already made but will apply to any subsequent purchases.
  2. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements. These changes will not alter the main characteristics of the Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
  3. Whilst We will use Our best endeavours to ensure that Your child makes satisfactory progress, results will depend on various factors, including, without limitation, whether or not You adequately attempt or complete any tasks assigned before, during or after the Sleep Consultation and Your aptitude and willingness to implement any suggestions We make. Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular result will be brought about as a result of You taking part in any Sleep Consultation or downloading Our Sleep Space.
  4. If You sign up to a 1:1 Sleep Consultation Package which includes ongoing support, We shall be available as follows:
  • for WhatsApp support We will only be available between the hours of 8am to 5pm Monday to Friday. You may message outside of these hours but the response will be between the above hours.

Our Paid Content is not intended to replace a relationship with a qualified health care professional who is familiar with Your individual medical history or health needs. You understand that any information and content (such as text, images, audios, and videos) found within our website or provided for during any 1:1 Sleep Consultations You attend are for educational and informational purposes only. You understand that such information is not intended nor otherwise implied to be medical advice or a substitute for medical advice, diagnosis, or treatment. You must disclose to Us if You or Your child has any underlying health condition which You believe We should be aware of. We are unable to provide You with 1:1 Sleep Consultation if Your child has complex health condition.

  1. We make all reasonable efforts to ensure that all prices show in advertising, promotions and on Our website are correct at the time of publication. However, changes in prices may occur before Your purchase. In the event of such You will be notified of those changes prior to Us accepting Your purchase and providing You with a Purchase Confirmation. 2. Prices are provided exclusive of VAT. We are not currently VAT registered.

IN PERSON SESSIONS

Where You book any in-person sessions the following will apply:

  1. We can, in some circumstances, provide in person 1:1 Sleep Consultation. Please contact Us if You require an in person Session. It will be Your responsibility, and at Your cost, to ensure that a suitable venue is available or You will allow Us access to Your home and/or third-party premises booked by You including any facilities and equipment required. You shall cover all reasonable expenses that We incur which shall include, but is not limited to, travel, Our time, sustenance and accommodation.
  2. In-person Sessions are more effective if they are in Your home so that the Consultant can assess Your child’s surroundings and a comprehensive assessment can be carried out.
  3. You will ensure that any in-person Sessions will be free from all health and safety risks to Us.
  4. You will advise Us of any special physical, medical, mental health, psychological, emotional, or other requirement, problem or condition of which You are aware which might be relevant to any in-person Sessions. We reserve the right to refuse any Session to You or Your child if there is a determinable risk, whether significant or not.

 ORDERS – HOW CONTRACTS ARE FORMED

  1. When You purchase Paid Content We will provide You with these Terms & Conditions. You understand that by accepting the Terms & Conditions You will be asking to enter into a formal contract with Us. Please therefore ensure You have checked Your purchase request carefully before submitting it.
  2. No contract will be formed prior to Our issuance of the Purchase Confirmation email. Your acceptance of these Terms & Conditions constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Purchase Confirmation email. Only once We have sent You a Purchase Confirmation will there be a

legally binding Contract between Us and You.

  1. The Purchase Confirmation shall contain the following information:
    • Confirmation of Your purchase including full details of the Sleep Consultant Package You would like to purchase;
    • Fully itemised pricing of Your purchase including, where appropriate, taxes, and other additional charges;
    • The date and time of any 1:1 Sleep Consultation session You have booked via Zoom; or in person
    • Instructions of how You download Your Paid Content if You have only purchased Our Sleep Space.

In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You.

  1. Any refunds due under this will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs. Refunds will be made using the same payment method that You used when making Your purchase.
  2. When You purchase and download a Sleep Space from Our website You waive Your right to a 14-day cooling off period under Your consumer rights. No refund will be provided to You if You change Your mind after downloading the Sleep Space or Sleep plan. If You have ordered the incorrect age Sleep Space for Your child We will send You a replacement Sleep Space for the correct age, please email us at: thelittlecherrytreecompany@gmail.com

 PAYMENT

  1. Payment must be made in full in advance of Your purchase of Paid Content.
  2. We accept the following methods of payment:
    • Bank transfer;
    • Card payment by Stripe;
  3. Sleep Consultations will not be confirmed or booked prior to payment being made.

BOOKING AND CANCELLATION OF SESSIONS

  1. Any Session is subject to availability and will be on a first-come-first served basis. We will not reserve or guarantee any particular date and/or time for any session unless You have booked and paid for the Session in advance.
  2. Prior to Your purchase, We will set out Our time and date availability for You to book a Session with Us. You may book such times and dates via email request. We will only accept the booking of such a Session upon full payment.
  3. When You make a purchase You must book Your Session for a date which is no more than

30 days after the date of Your purchase. Any Session not booked (or rebooked) for a date

within that period will be lost and You will not be entitled to any refund or part refund of Your purchase.

  1. You may cancel and/or reschedule Your Session but the following applies:
    • if Your request is received with less than 24 hours’ notice You will not be entitled to receive any refund, subject to Your consumer rights detailed in these Terms & Conditions;
    • if Your request is received by providing notice of more than 24 hours and up to 5 days before the agreed date and time You will be entitled to either reschedule the Session or request a refund of 50% of the fee paid. You must reschedule to a date within 30 calendar days of the original Session; or
    • if Your request is received with more than 5 days’ notice You will be entitled to either reschedule the Session or request a full refund. You must reschedule to a date within 30 calendar days of the original Session.
  2. We may cancel a Session booked by You at any time before the time and date of that

Session in the following circumstances:

  • The Consultant is not available;
  • In Our reasonable opinion We are not qualified to assist You with the 1:1 Sleep Consultation which could be because of a health condition or any other reason which

We believe would affect Our ability to provide that Session to You;

  1. If We cancel a Session in such circumstances, We will offer You alternative dates within the following 30 days. If You are unavailable for those alternative dates, We will refund to You to the cost You paid for that Session.
  2. We will use all reasonable endeavours to start the Session You have booked with Us at the scheduled start time, but the start time may be delayed or overrun by a previous session or by other unforeseen circumstances. If a delay to the start exceeds 30 minutes You will be entitled to rebook the Session to a future date within the proceeding 30 days.
  3. We reserve the right to remove You from a Session if Your conduct is, in Our reasonable opinion, unacceptable, or it is or may be in Our reasonable opinion harmful to the Consultants reputation if it amounts to Your breach of these Terms & Conditions. If We remove You, You will not be entitled to any refund for that Session and the relationship between You and Us will be deemed as terminated.
  4. You shall not be entitled to a refund once You purchase and download a Sleep Space.

CANCELLATIONS AS A CONSUMER AND “COOLING OFF”

  1. As a consumer, You have a legal right to a “cooling off” period within which You can cancel the Contract for any reason. This period begins once Your Order is accepted and We have sent You an Order Confirmation, i.e. when the Contract between You and Us is formed.  The period ends at the end of 14 calendar days after that date.
  2. As specified, if the Paid Content is due to begin for 1:1 Sleep Consultation or the Paid Content is accessed by You by downloading a Sleep Space, within the cooling off period, by requesting that the Session begins, or that You download and access a Sleep Space within the 14-calendar day cooling off period You acknowledge and agree to the following:
    • If the Session is fully performed within the 14-calendar day cooling off period or You download the Sleep Space, You will lose Your right to cancel after the Paid Content is complete or downloaded.
    • If You cancel after provision of the Session has begun, but is not yet complete, You will still be required to pay for the Session provided up until the point at which You inform Us that You wish to cancel. The amount due shall be calculated in proportion to the full price of the Paid Content and the actual Paid Content already provided.  Any sums that have already been paid shall be refunded subject to deductions calculated in accordance with the foregoing.  Refunds, where applicable, will be issued within 14 calendar days and in any event no later than 14 calendar days after You inform Us that You wish to cancel.  Refunds will be made using the same payment method You used when ordering the Paid Content.

CANCELLATION AS A CONSUMER AFTER THE LEGAL CANCELLATION PERIOD

  1. Any cancellation of Contracts received after the 14-calendar day cooling off period has elapsed shall be dealt with in accordance with the cancellation terms above.
  2. If You wish to cancel, You must inform Us of Your decision to do so. You may do so by email to: Thelittlecherrytreecompany@gmail.com
  3. We may ask You why You have chosen to cancel and may use any answers You provide to improve Our Paid Content in the future, however please note that You are under no obligation to provide any details if You do not wish to.
  4. You may be entitled to cancel immediately by giving Us written notice in the following circumstances:
    • We breach the Contract in a material way and fail to remedy the breach within 14 calendar days of You asking Us to do so in writing;
    • We go into liquidation or have a receiver or administrator appointed over Our assets;
    • We change these Terms & Conditions to Your material disadvantage; or
    • We are adversely affected by an event outside of Our control that continues for more than 90 days
  5. If You are cancelling due to Our failure to comply with these Terms & Conditions or the Contract, You will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to Your failure to comply with any of Your obligations).

Purchases from the sleep shop are also covered by a 28 day returns policy inline with your consumer rights. If you are not happy with your purchase please contact thelittlecherrytreecompany@gmail.com to arrange a return. You will not be liable for postage and a refund will be issued within 14 working days.

ENDING THIS CONTRACT

  1. You enter into a Contract with Us by making a purchase and Us confirming the same by means of a Purchase Confirmation. This Contract ends upon completion of the session(s)
  2. Where You purchase other services from Us You will enter into a new Contract with Us which will be governed by the Terms & Conditions currently in place at that time.

OUR LIABILITY

  1. We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity or loss of anticipated savings, or for any indirect or consequential loss arising out of or in connection with any contract between You and Us.
  2. Our total liability to You for all other losses arising out of or in connection with any contract between You and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by You under the contract in question.
  3. Nothing in these Terms & Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or Subcontractors), for fraud or fraudulent misrepresentation, or for any other matter in respect of which liability cannot be excluded or restricted by law.

EVENTS OUTSIDE OF OUR CONTROL (FORE MAJEURE)

  1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other similar or dissimilar event or circumstance that is beyond Our reasonable control.
  2. If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms & Conditions:
    • We will inform You as soon as is reasonably possible;
    • We will take all reasonable steps to minimise the delay;
    • To the extent that We cannot minimise the delay, Our affected obligations under these Terms & Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
    • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;
    • If the event outside of Our control continues for more than 90 days We will cancel the Contract and inform You of the cancellation.
    • If an event outside of Our control occurs and continues for more than 90 days and You wish to cancel the Contract as a result, You may do so by contacting Us using the contact details
    • Any refunds due to You as a result of either of the above cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that You used when making Your purchase.

COMPLAINTS AND FEEDBACK

  1. We always welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
  2. If You wish to give Us feedback about any aspect of Your dealings with Us, please contact Us using the contact via Thelittlecherrytreecompany@gmail.com

 HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)

All personal data that we may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and Your rights thereunder.

LAW AND JURISDICTION

  1. These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
  2. If You are a consumer, You will benefit from any mandatory provisions of the law in Your country of residence.
  3. If You are a consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
  4. USE OF THE ZOOM APP, WHATSAPP OR TELEPHONE TO ACCESS SESSIONS WITH A CONSULTANT (“THE SERVICES”) ONLINE

We offer our Services online via Zoom or a similar third party video conference platform, by WhatsApp or by Telephone if You prefer.

We use technology which allows Us to provide the Services provided that You have the

appropriate technology to receive the Services. For this purpose, we use Zoom, WhatsApp and a

Telephone.

Our Services are provided, via video conference on the following basis:

  1. THE TECHNOLOGY THAT WE WILL BE RESPONSIBLE FOR PROVIDING THE PAID CONTENT

We will subscribe to Zoom or any similar third-party video conference platform and pay any necessary fees to maintain that subscription. It will enable Us to act as “host” and to provide the services to You over the internet via video call.

To receive or participate in any of the services via video call, You will need to join an online session via the Zoom, or similar, link sent to You prior to the session. You will not need to pay any fee or charge to use the facility or join that session: You will only need to pay for the services made available to You.

To receive or participate in any of the services via WhatsApp or email, You will need to ensure You have any email and WhatsApp account prior to the commencement of the 1:1 Sleep Consultation. We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom.

We do not supply or make available the Zoom platform, WhatsApp or email account, or similar, that You use to access Paid Content. We do not act as agent or otherwise on behalf of Zoom or any other third party platform provider. We are not a party to Your download and use of that platform. We will have no responsible or liability for Your use of any third party platform provider. Your use will be subject to and governed by such terms and conditions and privacy policy of the

Zoom platform or other third party provider of that platform.

Paid Content consisting of Background items it not provided via the Zoom platform but is instead provided by Us.

  1. THE TECHNOLOGY AND OTHER ITEMS THAT YOU WILL BE RESPONSIBLE FOR PROVIDING

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Paid Content.

You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:

  • An appropriate functioning Device which is adequately charged.
  • An up to date Zoom App, WhatsApp account and email account where applicable (depending on the Sleep Consultation Package You have purchased). It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive the Paid Content;
  • Stable, reliable, internet access with adequate speed;
  • A location at Your premises (or other premises that You use) with a suitable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other non-participating person to distract You or the Consultant except for any person(s) present at Your request and by arrangement with the Consultant.
  • Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose of the Services, external microphone and/or speakers as reasonably necessary; and
  • A camera that is part of or connected to the Device which is adequate for the purpose of You and the Trainer being able to share and/or remotely view any text, still images, videos or other items during and in connection with a session.
  1. SCOPE OF WHAT WE MAKE AVAILABLE TO ACCESS

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Services. However, We may, if You request it, either before or during any session of the Services, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to Your Device, Your digital content or any other technology or other thing.

  1. PARTICULAR COMMUNICATION OR OTHER REQUIREMENTS

You acknowledge and agree that when You make a purchase and at least 48 hours before You participate in any session, You must tell Us of any special communication or other requirement, problem or circumstances of which You are aware which might be relevant to You participating in that session. We will discuss with You any such matter that You tell Us about, and inform You if We are unable to accept Your purchase because of the particular requirement, problem or circumstances in question. If We do accept Your order, You will need to act in accordance with any instructions provided by Us relating to the matter.

  1. OUR CONSULTANTS

Please note that Unless We have otherwise agreed with You, We will in Our discretion decide which Consultant to assign to each session.

  1. NATURE AND RESULT OF ANY SESSIONS WITH YOU

We will use Our reasonable endeavours to provide appropriate guidance, suggestions and information, using reasonable care and skill, during an online session with You. However, the nature of any such online sessions is such that We may be limited in how far or effectively We can by those means progress or provide such advice, suggestions, information, planning, design or creation. Each case will differ, depending on various factors.  We make no warranty or representation and give no undertaking that:

  1. any, or any particular, result will be brought about as a result of Your sessions online with

Us; or

  1. We will carry out any work or provide any services for You other than providing the Paid Content that You have purchased, save as We may expressly agree under a separate agreement. MISCELLANEOUS

Number of sessions:  The number of sessions will be as stated by Us and agreed with You.

Period of a sessions: Where a session is a live two way interactive session or by telephone, it will be for 60 minutes (or any other period that We agree with You when you make Your purchase).

Punctuality: We expect You to be ready for at least 5 minutes before the scheduled start time of that session to ensure that You are ready to start on time.

Missing a session: If You are not available for a session for any reason it is solely Your responsibility to ensure that You purchase an additional session if necessary.