Terms & Conditions

Definition

  1. Agreement means any order relating to the Services, and these terms and conditions.

  2. We, Us and Ours means Adrienne Carol Fenton trading as The Night Shift.  

  3. You and Yours means the person, firm, company or entity who is using Our Website and/ or has engaged us about Our Services. 

  4. Our Website means our website containing information about Us and the Services provided by Us, the domain name for which is http://www.thenightshift.co.nz.

  5. Services means all services provided by Us to You under a booking, proposal, order or invoice relating to infant sleep solutions.

  6. Invoice means statement(s) or written account(s) sent by Us to You recording the fee payable by You for Our Services. 

 

General 

  1. The following terms and conditions govern the use of Our Website and Our Services to You. 

  2. By accessing, browsing or using Our Website; and/or by booking or ordering Our Services, You acknowledge that You have read, understand and agree to be bound by these terms and conditions.  

  3. When using Our Services, You agree to:

    1. follow safe sleep practices in line with SIDS recommendations. 

    2. see Your general practitioner if You have any concerns about Your infant’s or Your own health.  Our advice is not a substitute for medical care.

  1. disclose any medical conditions that You or Your infant may have so We can provide appropriate advice.

 

Payment of invoices 

  1. You Agree to pay Our Invoice in full on or before the due date recorded in the Invoice.

  2. Once payment of Our Invoice is confirmed, We will contact You to schedule Our Services.

  1. If Our Invoice is not paid on or before the due date recorded in the Invoice, without prejudice to any other rights or remedies available to Us, You will be liable to pay interest on the Invoice at 1.5% per month upon demand and from the due date until payment.

  2. You agree to indemnify Us against all loss, costs and expenses, including legal costs, which We may suffer or incur as a result of any failure by You to make due and punctual payment of Our Invoice.

 

Cancellations/rescheduling 

You may cancel the Services by giving Us notice prior to 48 hours of the scheduled date of the Services. We will fully refund You, if You cancel the services pursuant to clause 4(a).  

  1. If You cancel the Services within 48 hours of the scheduled date of the Services, a late cancellation fee equal 50% of the Invoice will be payable by You to Us. 

  2. If necessary, You may reschedule the date and time of the Services, by giving Us at least 24 hours notice.

 

Performance of services

  1. We undertake to use reasonable endeavours to deliver the Services within the time specified by Us, but the dates We give for performance will be indicative only. No date specified by You will be binding on Us without Our written agreement.

  2. Any reports prepared or procured by Us as part of the Services are to be used by You only.

  3. You acknowledge and agree that the Services are limited to those set out in Our invoice, order form, booking confirmation or other similar document issued by Us to You. 

  4. You acknowledge and agree that Our Services do not constitute medical advice.  If You have any specific questions about any medical matter You should consult Your doctor or other professional healthcare provider. If, at any time, You think Your infant may be suffering from a medical condition, You should seek medical advice.

 

Your obligations 

You will provide Us with any relevant information required to enable Us to perform the Services.  Where information provided by You is incorrect and We are required to undertake additional work, We reserve the right to charge for such additional work.

  1. If We need to come to Your home, it is Your responsibility to ensure that all safety measures have been taken so as to comply with all applicable health and safety laws. Prior to Us attending Your home to perform the Services You will:

    1. inform Us of all applicable health and safety rules and regulations that may apply at the site; and

    2. notify Us promptly of any risk, safety issues or incidents that may arise or may have arisen at the site that are relevant to Our provision of the Services.

  1. If We are concerned about the presence of any hazards or risks at the site, We may, in Our absolute discretion, delay the performance of some or all of the Services or cancel any Services by notice in writing to you.

 

Our obligations and warranties  

We warrant that:

  1. We have the right to enter into this Agreement; 

  2. We will perform the Services to a reasonable standard of care and skill; and

  3. We will perform the Services in accordance with relevant laws.

  4. We will take reasonable steps to ensure that while at Your home We will comply with any health and safety requirements and other reasonable security requirements made known to Us by You.

 

Limitation of liability

As a consumer, You have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.  Those rights apply alongside these terms and conditions and are not affected by anything in this clause.

  1. We will have no liability for unsatisfactory Services unless You notify Us in writing of Your claim within 7 days after performance of the Services.

  2. We will have the option, exercisable at Our discretion, to replace or give credit for any Services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all Our legal liability.

  3. We are not liable for any loss caused by You, or any loss that results from Your failure to take reasonable steps to avoid or minimise Your loss.

  4. Notwithstanding any other provision of this Agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.

  5. Our Services include advice and training that You and Your family are best placed to implement.  For this reason, and because Your infant is a unique individual, We cannot guarantee results.
     

Intellectual property  

All intellectual property on Our Website, including without limitation, any trade marks, text, graphics and copyright, is owned by Us or Our content suppliers. 

 

Right to use our website/disclaimer   

  1. The purpose of Our Website is to provide information about Us and We endeavour to ensure that any content will be current, accurate or complete when You access it.  However, You acknowledge that We are not responsible if You rely on any information You access on or through Our Website. You also acknowledge that We are not responsible for any information provided by third parties that You may access on or through Our Website.

  2. You may use Our Website only for the purposes for which it is provided. You must not use Our Website for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt Our Website.

 

Privacy policy 

The privacy policy below sets out Our online information practices and how We treat the information We receive from You.

  1. Collection of Information 

  2. We may collect information from You through Your use of Our Website, when You request information from Us or engage Our Services.

  3. By using any of Our Services, including Our Website, and providing Us with any personal information, You are consenting to the use of Your personal information as set out in this policy. Please do not send Us any personal information if You do not want it to be used in this way.

  4. A number of areas on Our Website invite You to provide Us with personal information. For example Your names and email address.  The purpose of the information collection is apparent at the point that You provide Your personal information.

  5. If You sign up to receive newsletters or promotional material from Us, You agree to receive information relating to Us and Our Services. You can request to be removed or unsubscribe from Our newsletter mailing list at any time.

  6. Our Website uses cookies. Cookies are small text files that are downloaded to Your device by websites You visit. When You use Our Website, these tools collect information such as the contents You view when using Our Website, Your search terms and Your location. Cookies do not give Us access to Your computer or any information about You other than the data You choose to share with Us.

  7. You can set Your browser to block all cookies, including cookies associated with Our Website, or to indicate when a cookie is being set by Us. If You set Your browser to reject cookies, You may not be able to access all the features of Our Website.

  8. We are not responsible for the use of cookies by third party service providers. When using third party services from Our Website, We encourage You to review the third party website’s privacy statements and cookie policies to understand how personal information and cookies are used and dealt with by those third parties.

 

Use of information 

  1. We will only use personal information that You provide to Us for the purposes for which You supplied it or, in exceptional situations, for other reasons permitted under the Privacy Act 1993.

  2. We generally do not share Your personal information with others unless this is necessary for the purpose for which You gave Us the information. We may share Your information with any business that supports Our Services or products, including any person that hosts or maintains any underlying IT system or data center that We use to provide Our Website or other Services or products.

  3. If We are required to disclose Your information to comply with legal or regulatory requirements, We will use reasonable endeavours to notify You before We do this, unless We are legally restricted from doing so.

  4. We will take reasonable steps to ensure that the personal information that We collect, use or disclose about You is accurate, complete, up to date and stored in a secure environment protected from unauthorised access, use, modification or disclosure.

 

Access to and correction of information

You can access or update Your personal details at any time by contacting Us. 

 

Changes to Privacy Policy 

We may change Our privacy policy from time to time in response to changes to technology, Our data collection practices or the law. Any changes will be posted to Our Website and may apply to previously collected information. Nothing in this policy prevents Us from passing on information gathered on Our Website to any successor organisations.