Contact us for your Parenting support needs, based in Melbourne & Ocean Grove

1. General

1.1     This Agreement, along with the Schedule, governs the provision of infant and toddler sleep services by Lisa Jolly (ABN 90 616 895 220) (“we, our, us,”) (“the Services”) and the Client (“you”) (“Agreement”).

1.2     By signing this Agreement, you are entering into a legally binding contract.

2. Fees and payment

2.1     You agree to pay all Fees outlined in the Schedule. Fees are payable upfront at the time of booking any Service.

3. Services and delivery

3.1     You understand that the outcomes and success of your use of our Services relies on your commitment to following the advice and plans provided to you.

3.2     You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. As we are unable to physically view your child’s sleep environment or monitor their sleep or behaviour, you acknowledge that a failure to provide accurate or complete information may impact the outcomes and success of the Services.

Delivery of Services

3.3     Appointments will take place either in person at our clinic, in your home or online via Zoom or an alternative other program as agreed.

3.4     For clinic appointments, please ensure that you arrive 10 minutes before your appointment time. If your appointment commences late due to your late arrival, you understand that your appointment may need to finish at the scheduled completion time and may therefore be cut short. You understand that no refunds or fee reductions will be payable in such situations.

3.5     For online appointments, we will call you at the scheduled appointment time. Where you do not respond, we will call again at 5, 10 and 15 minutes after the scheduled appointment time. If you do not respond to the final call, the appointment will be deemed to have taken place. No refunds or rescheduled session will be provided.

3.6     For home visit appointments, please ensure you are at home ten minutes prior to your appointment time. If your appointment commences late due to your late arrival, or an incorrect address being provided, you understand that your appointment may need to finish at the scheduled completion time and may therefore be cut short. We will wait at your home for 30 minutes and if you do not arrive the appointment will be deemed to have taken place. You understand that no refunds or fee reductions will be payable in such situations.

4. Your obligations

4.1     You agree to follow the Red Nose Safe Sleeping guidelines at all times. The guidelines are available online at https://rednose.org.au/section/safe-sleeping

4.2     You warrant the truth, accuracy, currency and completeness of any information you provide us.

4.3     You understand that the results of all Services may vary and can be affected by numerous factors outside of our control, and that we make no guarantee of any specific result of outcome.

5. Intellectual property

5.1     You may be provided with intellectual property including resources, plans, programs and other documents (“our IP”) which is owned by Lisa Jolly.

5.2     Lisa Jolly grants a royalty-free, non-transferable, non-exclusive licence in our IP to you for non-commercial, educational purposes. This means that you cannot share or sell our IP without our consent.

6. Privacy

6.1     We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records Act 2001 (Vic) and the applicable Health Privacy Principles in the Health Records Act when handling personal information which is health information.

6.2     Our Privacy Policy can be accessed at https://lisajolly.com.au/privacy-policy/

7. No warranties

7.1     While our Services including plans and programs are underpinned by comprehensive scientific evidence, you understand that the Services are not medical advice, diagnoses or treatment. This Agreement does not constitute a therapeutic relationship.

7.2     You understand that Lisa Jolly is not a medical doctor and that nothing in this Agreement constitutes or should be taken as medical advice.

8. Indemnity

8.2     The Client’s obligation to indemnify Lisa Jolly as set out in clause 8.1 is a continuing obligation separate and independent from the Client’s other obligations and will survive expiration or earlier termination of this Agreement.

8.1     The Client indemnifies and will keep indemnified Lisa Jolly and its agents, contractors and consultants from and against all actions, claims, proceedings, or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the indemnifying party in respect of any loss, death, injury, illness, damages, costs or expense where caused by any unlawful or negligent action of the Client, its employees, agents, subcontractors or consultants arising from the Client’s exercise of its rights or obligations under this Agreement or from any loss which may arise from or as a result of a breach of this Agreement by the Client.

9. Limit of liability

9.1    Except for the purposes of the Consumer Guarantees under the Australian Consumer Law, we hereby expressly disclaim all warranties of any kind.

9.2   Notwithstanding anything else contained in this Agreement, Lisa Jolly’s liability arising from the performance of the Services shall be limited in all events to the amount of the fees specified in the Schedule (“Fees”).

10. Cancellations, rescheduling and refunds

10.1   No refunds will be provided once Services have been provided.

10.2   We request that you provide us with at least 48 hours’ notice of any request to reschedule a session. We will allow one reschedule request within 48 hours of the appointment time. If a rescheduled session is not attended, your appointment will be considered cancelled, and the fees paid will be retained by us.

10.3   Where cancellations are made more than 48 hours before the appointment time, we reserve the right to retain $20 from any fees paid. Where cancellations are made within 48 hours of the appointment time, we reserve the right to retain 50% of any fees paid.

11. Miscellaneous

11.1   This Agreement constitutes the entire Agreement between the parties.

12. Governing law

12.1  This Agreement shall be governed by the laws of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts and Tribunals of Victoria.

1. We respect your privacy

1.1   Lisa Jolly respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

1.2   “Personal information” is information we hold which is identifiable as being about you.

2. Collection of your personal information

2.1   Lisa Jolly will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.

2.2   You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

2.3   Additionally, we may also collect any other information you provide while interacting with us.

3. How we collect your personal information

3.1   Lisa Jolly may contact you by a variety of measures including, but not limited to telephone, email, sms or mail. Lisa Jolly collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4. Use of your personal information

4.1   Lisa Jolly may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

4.2   Lisa Jolly may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

5. Disclosure of your personal information

5.1   We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

5.2   We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

5.3   We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Lisa Jolly, https://www.lisajolly.com.au/, its customers or third parties.

5.4   Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.

5.5   If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

5.6   By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6. Security of your personal information

6.1   Lisa Jolly is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

6.2   The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7. Access to your personal information

7.1   You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello@lisajolly.com.au.

7.2   We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8. Complaints about privacy

8.1   If you have any complaints about our privacy practises, please feel free to send in details of your complaints to:

Lisa Jolly

Suite 6 / 11 Wilson Street

South Yarra VIC 3141

We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

9. Changes to Privacy Policy

9.1   Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10. Website

10.1   When you visit our website:

When you come to our website (https://www.lisajolly.com.au/) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

10.2   Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

10.2   Third-party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Lisa Jolly is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.