Terms & Conditions
Effective from 1 January 2025
The following Agreement is entered into by and between you (“Client” or “You”) and Sarah Wilde t/a Beyond Insomnia (“Company”, “we”, or “us”).Â
The Programme and Service do not provide nor they are intended to replace any counselling, therapy or medical advice. The Programme and Service are not suitable for you if you are experiencing any of the following (including without limitation):
- You need emergency help for your sleep. In that case please see a doctor urgently;
- You are pregnant;
- You've given birth in the last 6 months;
- You are under 18 years old;
- You have been struggling with sleep for less than 3 months;
- You do shift work
- You are suffering from one or more of following:
- Untreated Sleep Apnoea
- Circadian Rhythm Disorder
- REM Sleep behaviour disorder
- Parasomnia
- Narcolepsy
- You are experiencing one or more of the below:
- Seizures;
- Epilepsy;
- Schizophrenia;
- Psychosis;
- Schizoaffective disorder;
- Mania;
- Bi-polar disorder;
- Severe depression;
- Severe anxiety;
- Untreated PTSD;
- You tend to regularly fall asleep during the daytime.
www.beyondinsomnia.com (the “Website”) is a website that provides sleep-related education and coaching including without limitation via paid for online courses and community (the "Service"). The Company, Website and Service do not provide medical advice. No part of the Service, the Programme or communications by or from the Company is intended to be taken as or to replace medical advice, counselling or therapy. Â
By using the Service, you confirm that you understand and agree to use the Service according to the terms of this Agreement.
In order to use the Service, you need to provide us with some personal details. Personal data shall be kept in accordance with our Privacy Policy which shall form a part of this Agreement.
You must be at least 18 years of age to use the Service and in good health with mental capacity. You must seek advice and guidance from your medical doctor about the suitability of the Service and Programme for you. The Company is unable to advise upon the suitability of the Service for your personal circumstances.Â
Using the Service
a) Your Health
You are responsible for ensuring that you are fit to use the Service. Use of the Service in this Agreement shall mean any use, participation in or action taken by you in accordance with the Service. You agree to exercise a high level of care and caution towards yourself and others in your use of the Service. You agree to ensure your safety and the safety of others at all times in your use of the Service. The Service is not for use in emergencies. If you are in danger, need emergency help or are considering actions that could harm you or others, you should not rely on the Service. Seek immediate help from your local emergency service, your local Emergency Department or GP/primary care doctor.
Suspension or Termination of your access to the Programme and Service
We reserve the right, acting reasonably, to immediately suspend or terminate your access to the Programme and Service if:
- you breach this Agreement;
- information you have provided (whether during the sign up process or thereafter) proves to be inaccurate, fraudulent, misleading or otherwise in violation of this Agreement;
- you are in breach of any applicable law or regulation, or send material which is defamatory, abusive, obscene, discriminatory or otherwise inappropriate;
- when using the Programme or Service, you infringe any intellectual property rights belonging to us or a third party;
- you violate the Company’s privacy or that of any third party;
- you use the Service or Programme for any purpose not expressly permitted by this Agreement;
- it comes to our attention that, whilst using the Service or Programme, you are acting inappropriately or in an unsafe manner; orÂ
- you have otherwise acted (or are acting) in a way in which we reasonably believe warrants us to suspend or terminate your use of the Service or Programme.
If we suspend your use, you will not have access to the Programme, Bonuses or community. If we terminate your use under this clause, we are not obliged to refund any monies paid or pre-paid by you. In the event that we do refund any monies to you, you will be liable for any charges administered by your bank or payment provider.
Complaints and Reporting.
If you have any concerns about the Service or Programme you can report them to us by emailing [email protected]. Following submission of any report, we may contact you for further information.
Programme
In consideration for the Fee the Company agrees to provide you with non-exclusive access to the online course entitled “Menoinsomnia® Method” or “Beyond Insomnia” as relevant (“Programme”). As a condition of participating in the Programme, you agree to be bound by and to abide by all policies and procedures set out in this Agreement as may be amended from time to time, including those incorporated herein by reference.
The Company provides educational and informational resources that are intended to help participants in the Programme succeed. The Company does not provide counselling, therapy, medical advice or services.
Changes To This Agreement
We may revise and update this Agreement from time to time at our sole discretion. All changes shall be effective immediately from the time posted on the Website and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding upon you.
Terms of Use, Privacy Policy, & Disclaimer
The Company’s guidelines, Privacy Policy, and Disclaimer are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to Your use of and participation in the Programme. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment or agency relationship. The Company is agreeing only to provide Client with access to the Programme, which provides education and information. The information contained in the Programme, including any interactions with the coaches, is not intended as, and shall not be understood or construed as, professional advice.
FeeÂ
In consideration for Your access to the Programme, you agree to pay the advertised fee in full (“Fee”). The Fee shall be due and payable before you will be granted access to the Programme.
You will be charged in the currency as indicated when you purchased the Programme.
The Company shall not be responsible for any additional fees your bank or payment provider may charge whether for payments, refunds or otherwise.
Card processing is carried out by trusted third party payment providers on our behalf. The security of information and payments over the internet cannot be guaranteed. We shall not be liable under any circumstances for any losses incurred or sustained by you arising out of payments made by you or transmission of information by email or other internet link.
Chargebacks
In event of a payment dispute, Client agrees to attempt to resolve the issue directly with us before initiating a chargeback with their bank or credit card company. If Client initiates a chargeback without first attempting to resolve the issue with us, Client agrees to pay a chargeback processing fee, to be determined on a case-by-case basis. Client understands that initiating a chargeback may result in suspension of access to the Service and Programme pending the resolution of the dispute. In event of a chargeback that is found in Client’s favour due to Client’s misrepresentation, Company reserves the right to seek legal proceedings for recovery of such fees. You shall be responsible for any legal fees and costs associated with such legal proceedings.
Refund Policy
The Company provides a money-back guarantee for the Programme. That money-back guarantee is governed by the following terms.
We want You to be satisfied with your purchase, but we also know that Your success will depend upon whether or not you put in the work to apply the Programme content as given. To benefit from the money-back guarantee of the Fee paid by You, You must demonstrate that You have completed the entire Online Course and attempted to apply the modules. You must also demonstrate that you have asked a question or attempted to get assistance through the private community or by contacting [email protected]Â prior to your refund request.
To claim a refund, You must request your money back within 30 days of the date of purchase of the Programme (inclusive). You may request your money back by emailing [email protected]. That email must reference the Progamme, Your date of purchase and the email and full name associated with the purchase. You must also demonstrate that you have attempted to implement the Programme without success. To meet this requirement, you must submit fully legible scanned copies or photos of  weeks 1-3 of completed sleep diaries and Your completed New Sleep Plan from the Programme for review.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licences granted you to use the Programme and any other material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.Â
Discounts
From time to time, We may offer discounts or promotional offers on our products or services. These discounts are at our sole discretion and may be subject to specific terms and conditions. The availability, duration, and eligibility criteria for any discount or promotional offer will be clearly stated during the promotional period. Discounts cannot be combined unless explicitly specified. We reserve the right to modify or cancel any discount or promotional offer at any time without prior notice. Discounts or promotional offers cannot be applied retroactively to previous purchases or orders. All discounts are subject to applicable laws and regulations. Please review the specific terms and conditions associated with each discount or promotional offer for further details.
The Programme
Access To the Programme.Â
Subject to payment of the Fee in full and provided that no refund has been made, You shall be granted access to this Programme and any applicable Bonuses for as long as the Programme exists and is maintained by the Company at its sole discretion. In the event that the Company intends to close the Programme, it shall email You using your supplied email address giving notice of closure. No guarantee or warranty is made or given on behalf of any third party provider used to access the Programme or Bonus.
Bonuses.
From time to time, the Company may offer a bonus or bonuses to individuals who sign up for the Programme. You shall be entitled to any bonus or bonuses offered to You at the time of Your purchase of the Programme (“Bonus(es)”). You shall not be entitled to receive any new or different bonuses which may be offered by the Company from time to time.
Ownership Of All Intellectual Property
All content included as part of the Programme, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Programme, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.Â
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Menoinsomnia and Beyond Insomnia are registered trademarks. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Programme are the trademarks of their respective owners.
Your participation in the Programme does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Programme, You agree to observe and abide by all copyright, trade mark and other intellectual property protection.
Subject always to payment in full of the Fee, and provided that no refund has been made, You are granted a personal, single-use, non-exclusive, non-transferable, revocable licence to access and use the Programme and Bonus content and resources. You agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Programme or Bonus.Â
The Programme, Bonus and any other Company content is not for resale. Your participation in the Programme does not entitle you to make any unauthorized use of any protected content. You shall not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner.Â
You agree that you do not acquire any ownership rights in any part of the Programme, Bonus or any other Company material or content. We do not grant You any licence express or implied to the intellectual property of the Company or our licensors except as expressly authorised in this Agreement. All other rights are reserved.
You agree that any infringement of the Company’s intellectual property rights or breach of any term of this Agreement shall result in the immediate termination of the licence granted hereunder and you shall not be entitled to a refund of any portion of the Fee. If you violate the Company’s intellectual property rights, your access to the Programme will be terminated immediately,
Confidentiality
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Programme, you hereby agree to respect the privacy of other Programme participants and to respect the Company’s confidential information.Â
Specifically, you shall not share any information provided by other Programme participants outside of the bounds of the Programme unless you receive express written permission from such other participant to share the information. Similarly, the content of the Programme contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Programme with anyone other than the Company, it’s owners and employees, and other Programme participants. Â
Personal Responsibility
By participating in the Programme, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Programme or not. The Company provides educational and informational resources that are intended to help participants in the Programme succeed. This is not medical advice. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Programme are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Programme. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Programme.Â
a)Â Â Prioritise Sleep
Sleep training requires making time for the Programme and a sleep schedule that may be different than your norm. It’s important that good habits are established and dedicating at least three weeks to your new sleep plan can help ensure long-term success. Things that can negatively impact sleep training include holidays, late social engagements, illness, etc.
b) Â Â Consulting with Your Health Care Practitioner
The Client agrees to consult with the Client’s family doctor (“health care practitioner”), about the Client’s intention to sleep train and implement the new sleep plan prior to sleep plan implementation. It is the Client’s responsibility to rule out any underlying medical conditions with the Client’s health care practitioner that may be causing sleep problems (for example but not limited to sleep apnoea) as well as ensure that the health care practitioner has advised that the Client is healthy and that it is appropriate to implement the new sleep plan.Â
Materials Provided By You During The Programme
The Company does not claim ownership of the information or materials You may provide during the Programme (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).Â
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Programme – in the Programme and other marketing material going forward.Â
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
No Warranties
The Company makes no warranties regarding the performance or operation of the Programme, including any technological aspects of the Programme. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, Programmes, products, books, or services included in or through the Programme. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.Â
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Programme and/or any information and resources contained in the Programme to the fullest extent permitted by law. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Programme. Without prejudice to the Company, to the extent that the Company is found to be liable for any damages by a court of competent jurisdiction the total amount of damages payable by the Company shall be limited to the total Fee paid by You.
The information, software, products, and service included or available through the Programme may include inaccuracies or typographical errors. Changes are periodically added to the information in the Programme. The Company and/or its suppliers may make improvements and/or changes in the Programme at any time.Â
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Programme for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.Â
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Programme, with the delay or inability to use the Programme or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Programme, or otherwise arising out of the use of the Programme, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Programme or any portion of it, your sole and exclusive remedy is to discontinue using the Programme.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Programme to the fullest extent permitted by law.Â
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration in England.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Programme and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Programme and the related services or any portion thereof at any time, if You become disruptive to or abusive towards the Company or other Programme participants, if You fail to follow the Programme guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Entire Agreement​
This Agreement, along with the Company’s Privacy Policy constitutes the entire agreement between You and the Company with respect to the Programme, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Programme. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement is made under English Law. This Agreement shall be subject to the jurisdiction of the English courts.
SeverabilityÂ
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Force Majeure
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Effective Date
This Agreement shall commence and be enforceable with respect to each Client upon the date that you initially register for the Programme.
Contact Us
If you have any questions, concerns or complaints about this Agreement, please contact us at: [email protected].
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