Lala Baba Terms & Conditions

These Terms and Conditions (“Terms”) govern the purchase and provision of sleep consultation services, sleep programmes and related support services provided by Lala Baba (“Lala Baba”, “we”, “us”, “our”) to the purchasing client (“Client”, “you”, “your”).

By booking and/or paying for any consultation, programme or support package offered by Lala Baba (collectively, the “Services”), the Client confirms that they have read, understood and agree to be bound by these Terms.

1. DEFINITIONS

For purposes of these Terms:

“Consultation” means any consultation session, assessment, advice session, review session or support session provided by Lala Baba.

“Programme” means any sleep plan, consultation materials, schedules, recommendations, guidance, documents, methodologies, written content, voice notes, messages and any related materials supplied by Lala Baba.

“Support Period” means the period of follow-up support included within the applicable package purchased by the Client.

2. FEES AND PAYMENT

2.1. Full payment of the quoted fee is required at the time of booking in order to secure the Consultation and commencement of Services.

2.2. No booking shall be confirmed until payment has been received in full.

2.3. All fees are non-transferable and non-refundable except as expressly provided in these Terms.

3. CANCELLATIONS AND RESCHEDULING BY THE CLIENT

3.1. If the Client cancels a Consultation, the following cancellation terms shall apply:

3.1.1. Cancellation less than 24 hours prior to the scheduled Consultation time: no refund shall be payable.

3.1.2. Cancellation between 24 and 48 hours prior to the scheduled Consultation time: 50% of the consultation fee shall be refunded.

3.1.3. Cancellation more than 48 hours prior to the scheduled Consultation time: 100% of the consultation fee shall be refunded.

3.2. Refunds shall only apply to amounts actually received by Lala Baba and shall exclude any third-party transaction fees where applicable.

3.3. In exceptional circumstances and at Lala Baba’s sole discretion, where a Client cancels within 24 hours due to unforeseen events, Lala Baba may permit one rescheduled appointment provided that such appointment takes place within fourteen (14) days of the original booking date.

4. CANCELLATION OR RESCHEDULING BY LALA BABA

4.1. Lala Baba reserves the right to cancel or reschedule Consultations at short notice due to illness, emergencies, unforeseen circumstances or events outside of its reasonable control.

4.2. Where Lala Baba cancels a Consultation, the Client shall be offered either:

4.2.1. an alternative appointment date; or

4.2.2. a full refund of the affected Service.

4.3. Such refund shall constitute the Client’s sole remedy for cancellation by Lala Baba.

5. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

5.1. All Programmes and materials supplied by Lala Baba remain the exclusive intellectual property of Lala Baba.

5.2. The Client is granted a limited, revocable, non-exclusive, non-transferable licence to use the Programme solely for personal household use.

5.3. The Client shall not, without prior written consent from Lala Baba:

(a) copy, reproduce, distribute or publish any Programme;

(b) share or disclose the Programme to any third party;

(d) permit any third party to access or benefit from the Programme; or

(e) modify, adapt or create derivative works from the Programme.

5.4. Any unauthorised use or disclosure shall constitute a material breach of these Terms and may result in immediate termination of Services and legal action.

6. NATURE OF SERVICES AND MEDICAL DISCLAIMER

6.1. Lala Baba provides sleep education, guidance and support services only.

6.2. The Services do not constitute medical advice, diagnosis, treatment, healthcare services, psychological treatment or professional healthcare advice.

6.3. Lala Baba is not acting as a medical practitioner, paediatrician, psychologist or healthcare provider.

6.4. The Client remains solely responsible for obtaining independent medical advice regarding any medical concerns, developmental concerns, underlying conditions or suitability of sleep interventions.

6.5. If the Client’s child displays symptoms of illness, developmental concerns or any health-related concerns, the Client must seek advice from an appropriately qualified healthcare professional prior to implementing recommendations.

7. CLIENT RESPONSIBILITY

7.1. The Client acknowledges that outcomes vary between children and that no guarantees, warranties or representations are made regarding specific sleep outcomes or behavioural improvements.

7.2. The effectiveness of any Programme depends on numerous factors outside of Lala Baba’s control, including consistency of implementation, developmental stages, health and environmental factors.

7.3. The Client remains solely responsible for all decisions relating to the care and supervision of their child.

8. LIMITATION OF LIABILITY, ASSUMPTION OF RISK AND SAFE SLEEP

8.1. The Client acknowledges and agrees that Lala Baba provides educational sleep consultation, guidance and support services only and does not provide medical, psychological, healthcare, therapeutic or diagnostic services.

8.2. All recommendations, Programmes, guidance and information provided by Lala Baba are advisory in nature only. The Client retains sole discretion and responsibility as to whether, when and how any recommendation is implemented and remains solely responsible for all decisions relating to the care, supervision, wellbeing and sleeping arrangements of the child.

8.3. The Client acknowledges and accepts that:

(a) outcomes vary between children and are dependent upon numerous factors outside of Lala Baba’s control, including health, development, consistency, environment and caregiver implementation;

(b) no guarantee, warranty, representation or undertaking is given regarding any particular sleep outcome, behavioural outcome, timeframe or result; and

8.4. The Client expressly assumes all risks associated with the implementation or non-implementation of any Programme, recommendation, routine, sleep adjustment or guidance provided by Lala Baba.

8.5. To the fullest extent permitted by applicable law, Lala Baba, its owners, directors, employees, contractors, consultants and representatives shall not be liable for any loss, damage, injury, claim, liability, expense or cost of whatsoever nature arising directly or indirectly out of or in connection with:

(a) implementation or application of any recommendation or Programme;

(b) decisions taken by the Client or any caregiver;

(d) changes in sleep, behaviour, feeding, routines or development;

(e) illness, medical conditions or developmental factors;

(f) interruption, suspension or modification of Services;

(g) acts or omissions of third parties; or

(h) any indirect, incidental, consequential, special, punitive or economic loss.

8.6. Without limiting clause 8.5, Lala Baba shall not be liable for any injury, illness, adverse event, deterioration, sleep disruption, behavioural outcome or death occurring during or following implementation of any recommendation unless such loss is finally determined by a court of competent jurisdiction to have arisen directly and solely as a result of Lala Baba’s gross negligence.

8.7. To the fullest extent permitted by law, the total aggregate liability of Lala Baba arising out of or in connection with the Services, whether arising in contract, delict/tort, negligence, breach of statutory duty, misrepresentation or otherwise, shall in no event exceed the total amount of fees actually paid by the Client to Lala Baba in respect of the relevant Services giving rise to the claim.

8.8. The Client indemnifies and holds harmless Lala Baba, its owners, employees, contractors and representatives against any and all claims, losses, damages, costs and expenses arising from:

(a) implementation of recommendations by the Client or any caregiver;

(b) inaccurate, incomplete or omitted information supplied by the Client;

(d) breach of these Terms by the Client,

except to the extent caused directly by Lala Baba’s gross negligence.

8.9. The Client confirms that they have not relied upon any representation, statement, marketing material, estimate of results or expectation other than those expressly recorded in these Terms. Lala Baba provides recommendations based on its training, experience and recognised safe sleep principles.

8.10. Nothing in these Terms excludes liability where such exclusion is prohibited by applicable law.

9. HEALTH CONDITIONS

9.1. The Client agrees to disclose any known medical, developmental or behavioural conditions affecting the child prior to commencement.

9.2. Lala Baba reserves the right to decline or discontinue Services where, in its reasonable opinion, the child’s circumstances require medical or specialist input.

9.3. In such circumstances, a full refund for unused Services may be provided.

10. SUPPORT PERIOD AND COMMUNICATION

10.1. During the applicable Support Period, Lala Baba may be contacted between 08h00 and 18h00 daily for the duration of the support outline in the package.

10.2. Responses will be provided within a reasonable period and may be delayed due to illness, personal circumstances, public holidays or periods of leave.

10.3. Support outside the package scope may attract additional fees.

11. DELAY AND COMMENCEMENT

11.1. If commencement of the Programme is delayed by the Client for reasons other than illness and exceeds fourteen (14) days from the agreed start date, Lala Baba may require:

(a) Updated sleep logs;

(b) Reassessment; and/or;

11.2. An additional reassessment fee of £25/R300 shall apply.

12. ILLNESS DURING SUPPORT PERIOD

12.1. If the child becomes unwell during the Support Period and such illness materially affects implementation of the Programme, support may be paused.

12.2. Support pauses shall generally not exceed fourteen (14) days.

12.3. If additional reassessment is required following such pause, an additional fee of £20/R200 shall apply.

13. CONSULTANT ILLNESS

Where reasonably possible, Lala Baba shall provide notice of consultant illness and seek to minimise disruption by rescheduling Services.

14. TERMINATION OF SERVICES

14.1. Lala Baba reserves the right to suspend or terminate Services immediately in exceptional circumstances including:

(a) abusive, threatening or inappropriate conduct;

(b) harassment of team members;

(d) breach of these Terms.

14.2. No refund shall be payable where Services are terminated due to the Client’s breach.

15. CLIENT INFORMATION AND ACCURACY

15.1. The Client warrants that all information provided to Lala Baba regarding the child, including but not limited to age, developmental stage, sleep history, medical history, feeding arrangements, routines and behavioural concerns, is complete, accurate and not misleading.

15.2. The Client acknowledges that recommendations provided by Lala Baba are based on the information supplied and that inaccurate, incomplete or omitted information may impact the suitability or effectiveness of the Programme.

15.3. Lala Baba shall not be liable for outcomes arising from inaccurate, incomplete or outdated information provided by the Client.

16. CLIENT PARTICIPATION AND IMPLEMENTATION

16.1. The Client acknowledges that successful implementation of any Programme requires active participation, consistency and cooperation by all caregivers involved in the child’s care.

16.2. The Client accepts that recommendations may require adaptation depending on the child’s development, temperament and changing circumstances.

16.3. Lala Baba does not guarantee that the Programme will result in immediate, uninterrupted or permanent sleep improvements.

17. NO GUARANTEE OF RESULTS

17.1. While Lala Baba uses reasonable care, skill and professional experience in providing Services, sleep outcomes differ between children and no guarantee, warranty or representation is made regarding:

(a) duration of sleep;

(b) reduction in night wakings;

(d) behavioural outcomes; or

(e) achievement of any specific sleep goals.

17.2. The Client acknowledges that progress may not be linear and temporary regressions may occur.

18. SUPPORT SCOPE AND FAIR USE

18.1. The Support Period included in the package is intended for reasonable support related to implementation of the Programme.

18.2. Lala Baba reserves the right to determine whether communication exceeds the reasonable scope of the package.

18.3. Excessive contact, requests outside of package scope, repeated re-analysis or requests for extensive amendments may attract additional charges.

18.4. Support does not include emergency responses or unlimited access.

19. THIRD-PARTY CAREGIVERS

19.1. Where recommendations are implemented by third party participants such as grandparents, nannies, au pairs, daycare providers or other caregivers, the Client remains solely responsible for ensuring proper communication and implementation.

19.2. Lala Baba shall not be responsible for inconsistent implementation or undesired results by third parties.

20. RECORDINGS AND COMMUNICATIONS

20.1. The Client shall not record Consultations, support calls or communications without Lala Baba’s prior written consent and visa versa.

20.2. Lala Baba reserves the right to retain consultation notes and administrative records for business and compliance purposes.

20.3. Screenshots, testimonials, Programme extracts and communications may not be publicly shared in a manner that misrepresents Lala Baba or discloses confidential information.

21. TESTIMONIALS AND MARKETING CONSENT

21.1. Lala Baba shall not publish the Client’s personal information or child’s identifying information without consent.

21.2. If the Client voluntarily provides a review, testimonial or feedback, the Client grants Lala Baba permission to reproduce such feedback for marketing purposes unless otherwise requested in writing.

22. PRIVACY AND DATA PROTECTION

22.1. Lala Baba shall collect, use, store and process personal data in accordance with applicable data protection legislation, including the UK General Data Protection Regulation (“UK GDPR”), the Data Protection Act 2018, and any applicable replacement or supplementary legislation.

22.2. The Client acknowledges and agrees that Lala Baba may collect and process personal information relating to the Client and the child to the extent reasonably necessary for:

(a) providing the Services and preparing the Programme;

(b) communicating with the Client during the Support Period;

(d) improving services and internal business operations; and

(e) complying with legal and regulatory obligations.

22.3. Personal information processed by Lala Baba may include, where voluntarily provided by the Client:

(a) names and contact details;

(b) child age and developmental information;

(d) information regarding feeding arrangements;

(e) relevant health-related information disclosed by the Client for purposes of tailoring the Services; and

(f) communications between the Client and Lala Baba.

22.4. The Client warrants that they are legally authorised to provide information relating to the child and, where applicable, have obtained all necessary permissions to disclose such information to Lala Baba.

22.5. Lala Baba shall process personal data only to the extent necessary to provide the Services and shall implement reasonable technical and organisational measures designed to protect personal data against accidental loss, unauthorised access, disclosure, alteration or destruction.

22.6. Lala Baba shall retain personal data only for as long as reasonably necessary for the purposes for which it was collected, including compliance with legal, accounting and record-keeping obligations.

22.7. Subject to applicable law, the Client may exercise their rights under UK GDPR, including the right to request access to personal data, rectification, erasure, restriction of processing, objection to processing and data portability.

22.8. Where consent is relied upon as a lawful basis for processing, the Client may withdraw such consent at any time; provided that withdrawal shall not affect the lawfulness of processing undertaken prior to withdrawal and may affect Lala Baba’s ability to continue providing the Services.

22.9. Lala Baba shall not sell personal data to third parties and shall only share personal data with third-party service providers where reasonably necessary to provide the Services, administer the business or comply with legal obligations.

22.10. Further details regarding the collection and processing of personal data may be contained in Lala Baba’s Privacy Policy, which forms part of these Terms.

23. ELECTRONIC COMMUNICATION

23.1. The Client agrees that communications by email, messaging applications, online forms and electronic signatures shall constitute valid communication and agreement.

23.2. The Client accepts the risks associated with electronic communication and acknowledges that delivery times cannot be guaranteed.

24. NON-WAIVER

24.1. Any failure by Lala Baba to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.

25. SEVERALBILITY

If any provision of these Terms is held to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

26. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties and supersede all prior discussions, representations and understandings relating to the Services.

27. AMENDMENTS

Lala Baba reserves the right to amend these Terms from time to time. Updated Terms shall apply to future bookings and renewals.

28. GOVERNING LAW

28.1. These Terms and any dispute, claim or matter arising out of or in connection with these Terms, the Services or their subject matter (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

28.2. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to hear and determine any dispute or claim arising out of or in connection with these Terms or the Services.

28.3. Nothing in these Terms shall limit or exclude any mandatory rights or protections afforded to consumers under applicable law.

29. DISPUTE RESOLUTION

29.1. The parties shall endeavour to resolve disputes amicably and in good faith.

29.2. If a dispute cannot be resolved within fourteen (14) days, either party may institute legal proceedings in the courts having jurisdiction.

30. ACKNOWLEDGEMENT

By making payment and/or participating in the Services, the Client confirms that they:

(a) have read and understood these Terms;

(b) have had an opportunity to ask questions;

(d) agree to be bound by these Terms.