Terms & Conditions

1. Our Mission Statement:

1.1 The service provided by The Culla Co is done so without any guarantees. All information given an shared is advice, guidance and support to help and empower parents when implementing secure sleep and behaviour methods.

2. Disclaimer and Liability:

2.1 Our services or information are not to be considered as a substitute for professional medical advice, diagnoses or treatment. The advice you receive from The Culla Co is for informational purposes only and is intended for use with common early childhood sleep issues that are wholly unrelated to medical conditions. This advice is NOT intended to be a substitute for medical advice or treatment. Always seek the advice of your doctor or other qualified health practitioner regarding any matters that may require medical attention or diagnosis, and before following the advice and using the techniques described in the programme. Never disregard professional medical advice or delay in seeking it because of something you have read or been informed by The Culla Co. Reliance on any information provided by The Culla Co is solely at your own risk.

2.2 Clients agree to inform The Culla Co of any medical condition and/or allergies their child has in the intake form, prior to starting the support process and agree to obtaining the relevant clearance from their child’s doctor to proceed.

2.3 The information and content shared by The Culla Co, such as text, verbal and written advice, graphics, images and any other material given on The Culla Co’s social media platforms, website and other public areas are for informational purposes only. The Culla Co takes no responsibility for the interpretation of such information.

2.4 Due to the nature of the support offered and the fact that The Culla Co will not be physically present to implement strategies, The Culla Co is unable to take responsibility for any incidents that may occur. The use of information that The Culla Co provides is your own responsibility and your own risk. In no event shall The Culla Co be liable for any damages including, without limitation, incidental and consequential damages, or personal injury, wrongful death resulting from the use of or inability to use the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Culla Co is advised of the possibility of such damages.

2.5 The Culla Co does not make any representations or warranties, express or implied, regarding consulting services provided. The Culla Co’s liability (if any) is limited to the consulting fee paid by you to The Culla Co, and in no event will The Culla Co be liable to you for any other claim, losses or damages.

2.6 The Culla Co shall exercise reasonable skill, care and diligence in the discharge of its obligations under this agreement, but its liability for omissions and errors in the Services arising from the default of The Culla Co shall be limited to a maximum aggregate liability equal to the Booking Fee payable by you.

2.7 Nothing in this agreement shall exclude or in any way limit The Culla Co’s liability to you for fraud, death or personal injury caused by its negligence or any liability which may not be excluded or limited as a matter of law.

2.8 The advice you receive from The Culla Co is for informational purposes only and is intended for use with common early childhood sleep issues that are wholly unrelated to medical conditions. The Culla Co’s advice is NOT intended to be a substitute for medical advice or treatment. Always seek the advice of your doctor or other qualified health practitioner regarding any matters that may require medical attention or diagnosis, and before following the advice and using the techniques described in your sleep plan. Reliance on any information provided by The Culla Co is solely at your own risk.

2.9 The Culla Co is not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.

2.10 Whilst The Culla Co will endeavour to help you get to your sleep goals, they cannot guarantee that techniques will work for all children. The level of success for your child is significantly enhanced by following the recommendations and advice from The Culla Co. Not following the plan, only selecting parts of it, or not being fully consistent, will reduce the likelihood that your child will successfully sleep. Similarly, in a family environment, it is crucial that all family members involved with the plan follow the plan (including parents, grandparents, nannies etc).

3. Term:

3.1 Your support will start on the date stated on the email confirmation and shall continue for the period agreed on the email confirmation and any agreed extension of such period.

3.2 Rearrangement of the Services once agreed will be at the discretion of The Culla Co and subject to The Culla Co’s availability.

3.3 Additional weeks’ support will be available for purchase on The Culla Co’s website, at the discretion of The Culla Co.

3.4 One-to-One Support:

     - Telephone appointments: You will be called by The Culla Co at the specified time.   

     - Face to Face appointments: You and the Consultant will meet at the pre-determined venue at the scheduled time.

     - Online appointments (Zoom/Google Meet/FaceTime): You will be connected by the Consultant at the specified time

     - Email: You will receive support via email if and as set out in the order confirmation.

     - Instant Messenger: you will receive support via WhatsApp messenger if and as set out in your order confirmation.

     - Rested App: You will receive support via the Rested App if and as set out in the order confirmation.

Please note: Being late for the start of an appointment will not change the end time.

4. Deposit, Fees, Cancellations and Refunds:

4.1 A non-refundable booking deposit of €50 is to be paid in advance of the questionnaire to secure your spot and start the process.

4.2 You agree to pay to The Culla Co the Fees in full set out before the support starts. Any fees paid will be non-refundable should your circumstances change after the Sleep Plan has been started.

4.3 By making payment, you are agreeing to the Terms and Conditions and are happy to proceed and start the support.

4.4 The Culla Co is providing a service and payments are based on the service provided rather than the outcome.

4.5 The Culla Co is committed to providing all families with exceptional support and attention. When a client cancels without giving enough notice, they prevent another family from being seen. The Culla Co holds a 48 hour cancellation policy, all cancellations must take place more than 48 hours prior to your scheduled appointment to inform The Culla Co of any changes or cancellations. If we are informed of any changes 48 hours prior to your appointment and the client chooses to cancel and not re-book they will be refunded 50% of the full price. Once your personalised sleep plan has been completed and sent to you, no refund will be given.

4.6 E-books, course guides and videos: Due to the digital nature of the e-books, guides and videos, no automatic right of refund or cancellation exists after an e-book, guide or video has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000. This does not affect your statutory rights.

4.7 The Culla Co may terminate this agreement immediately by notice in writing to you if you repeatedly fail to follow the Support Rules and Guidelines or fail to pay. In which case The Culla Co shall be entitled to receive the Fees to the end of the effective date on which termination occurs.

4.8 The Culla Co may terminate this agreement immediately by notice in writing to you if you repeatedly fail to follow the plan or fail to pay. In which case The Culla Co shall be entitled to receive the Fees to the end of the effective date on which termination occurs.

4.9 If you enter into this agreement over the telephone or online, then in accordance with the Distance Selling Regulations you have the right to change your mind and cancel the agreement (known as your “Cooling-Off Rights”). In order to do so, you must notify The Culla Co in writing within 7 days of receiving confirmation or within 7 days of receipt of the course materials (whichever occurs first) and The Culla Co will refund your Fees within 30 days. If applicable, you must also return all course materials immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the course materials while they are in your possession. If you fail to comply with this obligation, The Culla Co may have a right of action against you for compensation. If you wish to receive support immediately and The Culla Co has started your Sleep Plan, you agree to waive your Cooling-Off Rights.

5. Confidentiality, Data Protection & Privacy Policy:

5.1 The Culla Co shall not itself disclose to any person, firm or company any of the Information disclosed by you during the sessions (“Confidential Information”) and The Culla Co shall not use any of the Confidential Information for its own purposes nor for any purposes other than the provision of the Services PROVIDED THAT The Culla Co may disclose Confidential Information to the extent specifically authorised by you.

5.2 The restrictions contained in Clause 5.1 shall cease to apply to any information or knowledge to the extent that

(i) it comes within the public domain other than through breach of Clause 7.1 or

(ii) is required or requested to be divulged by any court, tribunal or governmental authority with competent jurisdiction; or

(iii) if required by law or The Culla Co in its absolute discretion believes that someone may be harmed.

5.3 Any personal data that The Culla Co collects from you will be kept secure and The Culla Co will fully comply with all applicable EU Data Protection, GDPR and consumer legislation from time to time in place.

5.4 The Culla Co operates a Fair Processing Practice. We store personal information about your family, such as your name, address, email, and other details relating to your child’s health and sleep-related information. The information held by The Culla Co will under no circumstances be shared with any third parties. We never share personal data with others for marketing purposes.

5.5 The Culla Co routinely uses content provided by the Client for its website and other online media forums. First names of children (and occasionally their parents) are only ever given, so that the content remains essentially anonymous. If you do not wish for your child’s name (or your success story) to be included on The Culla Co’s online media forums, please notify us in writing prior to the end of your support term. Names can also be changed on request.

5.6 You can access and use the website without providing any personal information. We will obtain personal data about you (such as your name, email address and telephone number) whenever you complete our online Contact Us or Book Now forms regardless of whether you purchase services or not or when you subscribe to our newsletter. If you provide us with such information, you are consenting to us processing it for the purpose of entering into a contract with us for the sale and purchase of services or for marketing purposes as the case may be.

5.7 We may use your personal data for the following purposes:

(i) fulfilment of our contractual obligations;

(ii) billing and administration;

(iii) marketing (only if you have signed up for our newsletter or if you have agreed to receive marketing information via a competition online or on social media – see below);

(iv) to help us identify you;

(v) customising this website and its content to your particular preferences and improve our services;

(vi) to notify you of any changes to this website or to our services that may affect you.

5.8 If you sign up to our newsletter or if you have agreed to receive marketing information via a competition online or on social media then we will only use your personal information to administer your email account and to provide the services you have requested from us. We will send you by email news and information about our services, promotions and special offers that may be of interest to you. You are free to unsubscribe at any time by clicking the unsubscribe link in any email you receive from us or you can contact us by mail, telephone or email.

5.9 While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet.

6. Use of Website, Copyright and Intellectual Property:

6.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site is owned, controlled or licensed by or to The Culla Co.

6.2 The copyright of any course materials or systems which are used or provided by The Culla Co in connection with the Services shall remain vested in The Culla Co. You may use such documents or systems only for purposes directly related to the Services and shall not make copies of such documents, nor use the same for any purpose not directly related to the Services without the prior written approval of The Culla Co. Please do not pass these documents on to friends and family as they are personalised to your child’s sleep situation and may not be applicable.

6.3 You may use information on the website or any information sent to you by The Culla Co (such as your child’s Sleep Plan, Routine or PDFs) purposely made available by The Culla Co, provided that you (i) use such information only for your personal, non-commercial informational purpose and do not share, copy or post such information on any networked computer or broadcast it in any media; (ii) make no modifications to any such information, and (iii) not make any additional representations or warranties relating to such documents.

6.4 Except as expressly provided in these Terms of Use, no part of the Site or any materials or content sent to you in the course of your package may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring” or “framing”) to any other computer, server, website or other medium for publication, distribution or for any commercial enterprise, without The Culla Co’s express prior written consent.

6.5 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

6.6 You agree that your personalised sleep plan and resources are for your child only and the intellectual property of The Culla Co. Therefore, any materials received from The Culla Co should not be shared with any 3rd parties.

7. Events beyond The Culla Co’s Control:

7.1 The Culla Co will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms that is caused by events outside its reasonable control (known as a “Force Majeure Event”).

7.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond The Culla Co’s reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.

7.3 The Culla Co’s performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and The Culla Co will have an extension of time for performance for the duration of that period.

8. Governing Law:

8.1 This agreement and any non-contractual obligations arising in connection with it shall be governed by Irish law. The Irish courts shall have exclusive jurisdiction to determine any dispute arising in connection with this agreement, including disputes relating to any non-contractual obligations. When you use the Site or any of the packages (irrespective of where in the world you access it from), you accept that your use of the Site will also be governed by the laws of Ireland and if any claim or dispute arises from your use of the Site or any of the information on it, you agree that the Irish courts will have exclusive jurisdiction over all such claims or disputes.

9. Code of Conduct:

9.1 When supporting families, The Culla Co will always aim to conduct themselves in a polite and professional manner. We reserve all rights at any point within a support package to stop all contact or support if at any point sleep consultants feel threatened, intimidated or made to feel uncomfortable. At this point any support not already used can be either delivered by another sleep consultant at The Culla Co or a partial refund processed – this decision is at the discretion of the The Culla Co team.

Appendix – Support Rules and Guidelines:

You understand that:

  • Support is neither counselling nor psychotherapy.

  • You are responsible for creating your own results.

  • All caregivers should be on board to maintain consistency and increase your chances of success.

  • Support results are not guaranteed.

  • Support does not offer or replace medical advice

  • If you have specific concerns about you or your child’s health, you should always seek advice from a suitably qualified healthcare professional.

  • You agree to follow Safe Sleep Guidelines when working with us in relation to SIDS. If you continue to use unsafe sleep methods while implementing the support, The Culla Co has the right to cancel your service without a refund.

  • Where information on a specific option is supplied, this does not constitute a recommendation.

  • You may be requested to undertake certain tasks/exercises/assignments prior to the commencement of the Consultation, Support Programme and between Support Programme Sessions. You understand that not completing these activities may affect your progress in achieving your personal outcomes.

  • You are responsible for logging your child’s routine on the app or sending it onto the Consultant daily.

  • Daily check-ins will be offered Monday to Friday. It is your responsibility to ensure that you are confident in your approach independently on Saturday and Sundays.

  • All the information you need will be in your Sleep Plan, including what to do if things don’t go to plan. Please read this and refrain from asking questions where the answers are in your Sleep Plan.

  • Your Consultant will aim to reply to you within two hours for the first nap and bedtime of the Support period. If this is not possible, the Consultant will be in touch as soon as they can.

  • During your first week of sleep changes, your Consultant will call you 1 - 2 times by telephone. Suggested call dates and times will be sent to you by your Consultant. If you are not home at your scheduled time and do not call back within 15 minutes, that missed call will count as one of your phone calls.

  • If you need to change the date or time of your call for any reason, please let your Consultant know a day in advance by e-mail or phone.

  • If things are going well and you would like to save one of your calls for a time in the future when you might have new challenges or questions, you may do so. Just send your Consultant an e-mail when you are ready to use your last phone call, and they will schedule a time to talk.