General
These Terms and Conditions (“Terms”) govern the provision of infant sleep consulting services (“Services”) provided by Robyn Anderson with AnderZen Infant Sleep Consulting (“Consultant”) to clients (“Clients”) in Canada. By engaging Consultant’s Services, Clients agree to abide by these Terms. The term the “Site” refers to www.anderzensleep.ca
The term “user,” “you”, “Client”, and “your” refers to site visitors, customers and any other users of the site. The term “us”, “our”, and “we” refers to Robyn Anderson.
These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product or service from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Information provided on the Site and in the Service related to infant and toddler sleep and other information are subject to change. AnderZen Infant Sleep Consulting makes no guarantee or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. AnderZen Infant Sleep Consulting disclaims all liability for any inaccuracy, error or incompleteness in the Content. From time to time we may correct errors in pricing, services, and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing or description.
Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
Refusal of Service
The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Order Confirmation
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation or you do not receive this email, it is your responsibility to inform us as soon as possible.
Cancellations, Refunds & Returns
A refund will be issued to Clients who no longer require the services they paid for, as long as it is within 14 days of signing up, and the initial consultation has not been completed. The Client will be refunded the full amount they paid, minus a $50 administration fee. No refunds will be issued after the initial consultation has been completed and/or if the refund is requested after 14 days after the date of when you initially signed up.
Late cancellation or no show of an appointment will result in a fee of $65 for initial consultation and $30 for follow up appointments.
Our Intellectual Property
The Site and Service contain intellectual property owned by AnderZen Infant Sleep Consulting, including proprietary information and intellectual property. You may not modify, publish, transmit, sell, create, distribute, display, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately terminate access to the Service, without refund, if you are caught violating this intellectual property policy.
Earnings Disclaimer
When addressing financial matters in our Site, videos, or other content, we’ve taken every effort to ensure we accurately represent our programs and services. However, there is no guarantee that you will get any results using any of our ideas, tools, strategies or recommendations. Nothing on our Site is a promise or guarantee. You alone are responsible for your actions and results. Statements about results posted on our Site are simply our opinion and thus are not guarantees or promises. It should be clear to you that by law we make no guarantees, and we offer no professional medical or psychological advice.
No Professional Advice
The information contained in or made available through our Site (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site.
Changed Terms
We may at any time amend these Terms and Conditions. Amendments are effective immediately upon us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. You will be notified of the change in Terms and Conditions as there will be a notice posted on the Site. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall AnderZen Infant Sleep Consulting be liable for any damages, computer viruses, system failures, performance failures, losses of any kind, negligence of any kind, or any other theory of legal liability arising out of your use of the Site or Service. The foregoing applies even if AnderZen Infant Sleep Consulting has been advised of the possibility of or could have foreseen the damages.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with AnderZen Infant Sleep Consulting. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
The Client agrees to indemnify and hold harmless the Consultant, its affiliates, directors, employees, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with:
- 1) Any breach of the terms and conditions outlined in this agreement by the Client.
- 2) Any misrepresentation or omission of information by the Client.
- 3) Any injury, harm, or damage caused to any third party by the actions, negligence, or misconduct of the Client.
- 4) Any violation of applicable laws or regulations by the Client.
- 5) Any disputes or disagreements between the Client and any third parties, including but not limited to other clients, service providers, or vendors.
The Client agrees to promptly notify the Consultant of any claims, actions, or proceedings brought against the Consultant that may give rise to indemnification obligations under this clause and agrees to cooperate fully in the defense of any such claims. The Consultant reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Client, at the Client’s expense.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Robyn Anderson, P.O. Box 2973, Wainwright, AB, T9W1S8.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Privacy Policy
This Privacy Policy explains how information about you is collected, used and disclosed by AnderZen Infant Sleep Consulting. This Privacy Policy applies to information we collect when you use the Services, or when you otherwise interact with us. We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the “Last Updated” date at the bottom of this policy and, in some cases, we may provide you with additional notice (such as by adding a statement to our website or by sending you a notification). We encourage you to review our Privacy Policy whenever you access the Services, Site, or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.
Confidentiality
We collect information you provide directly to us. For example, we collect information when you participate in any of the Services, subscribe to an email list, participate in an event, survey, contest or promotion, make a purchase, communicate with us via third-party social media sites, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, password, mailing address, physical address, phone number, other contact information, gender, date of birth, occupation, employer information, photo, names and information for other individuals who are significant/relevant to the Service being accessed, payment information (such as your credit or debit card and billing address), preference or interest data, and any other information you choose to provide.
Information We Collect Automatically
When you access or use our Services, we may automatically collect information about you, including: log information about your use of the Services, including your Internet Protocol (“IP”) address, web request, access times, pages viewed, web browser, links clicked and the page you visited before navigating to the Services; information collected by cookies and other tracking technologies. Cookies are small data files stored on your hard drive or in your device (computer, phone, etc) memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.
We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you create or log into your account through a third-party social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site; we may also collect information about you when you post content to our pages/feeds on third-party social media sites.
Use of Information
We may use information about you for various purposes, including to:
• Provide, maintain, improve and promote our services;
• Provide and deliver the information and services you request, process transactions and send you related information, including confirmations and receipts;
• Access professional case consultation and supervision. This is a part of our professional practices. As such, confidential information may be shared as a part of this process;
• Send you technical notices, updates, security alerts, and support and administrative messages;
• Respond to your comments, questions and requests, and provide customer service;
• Communicate with you about products, services, surveys, offers, promotions, rewards and events offered by AnderZen Infant Sleep Consulting and others, and provide news and information we think will be of interest to you;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
• Facilitate contests, sweepstakes and promotions, and process and deliver entries and rewards;
• Link or combine with information we get from others to help understand your needs and provide you with better service; and,
• Carry out any other purpose for which the information was collected.
We are based in Canada and the information we collect is governed by Canadian and Provincial (Alberta) law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to Canada and other countries.
Sharing of Information
We may share information about you as follows or as otherwise described in this Privacy Policy:
• With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf;
• In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
• If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of AnderZen Infant Sleep Consulting or others;
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; and
• With your consent or at your direction.
Security
Your file contains all the personal information about you and your situation with the exception of copies of billing information such as receipts and electronic payments. Your file is stored on secure encrypted devices. Your file is maintained according to regulations set by our profession and our governing body, and in accordance with other legal requirements. In the event of incapacity or death of your sleep consultant, a designated clinician would have some access to your information in order to assist you in a transfer to another consultant or to maintain the file according to legal and regulatory standards.
Electronic Communication Policy
Many of these common modes of electronic communication put your privacy at risk and can be inconsistent with the law and with the standards of our profession. All electronic communications shall be treated with strict confidentiality. Personal information shared through electronic means shall be handled in accordance with the principles outlined in the Personal Information Protection and Electronic Documents Act (PIPEDA). Clients’ consent shall be obtained before sharing any personal information electronically, except where required by law or for emergency situations. Adequate security measures shall be in place to protect electronic communications from unauthorized access, interception, or disclosure. Password protection, encryption, and secure platforms shall be utilized whenever possible to safeguard sensitive information. Any breaches of security or suspected unauthorized access to electronic communications shall be reported and addressed promptly.
Online Consultation Informed Consent
Communication with your Consultant will often take place online via a virtual video conferencing platform. Your Consultant has a legal and ethical responsibility to make their best efforts to protect all communications that are a part of our online consultation. However, the nature of electronic communications technologies is such that the Consultant cannot guarantee that our communications will be kept confidential or that other people may not gain access to our communications. The Consultant will use updated encryption methods, firewalls, and back-up systems, when possible, to help keep your information private, but there is a risk that our electronic communications may be compromised, unsecured, or accessed by others. You should also take reasonable steps to ensure the security of our communications (for example, only using secure networks for online consultation sessions and having passwords to protect the device you use).
Financial Agreement and Disclosure
As a client of AnderZen Infant Sleep Consulting, you understand:
- Fees for packages are listed on the website under “Services” and “Purchase” pages. The services that will be provided are also listed on these pages.
- Upon purchasing a package, the services you purchase will be outlined, along with the price, in the Contract that is signed before services are started.
- Receipts will be provided for income tax purposes if applicable.
Agreement of Terms and Conditions
By visiting this site, purchasing a package, and/or signing the contractual agreement, you acknowledge that you have read and agree to the terms and conditions.
