Consultant Listing Terms
Last updated: 24 July 2026
1. General
1.1The following terms apply to Consultants who apply for, or hold, a Listing on the directory operated by Cubbee Sleep Pty Ltd ACN 700 114 450.
1.2In this document:
(a)Carer means a parent, guardian, family member, or other person with responsibility for a child's welfare who uses the Service, including to find or contact a Consultant;
(b)Consultant means an independent sleep consultant or other service provider who holds, or has applied for, a Listing on the Service;
(c)Content means all information, data, documents and creative expressions made accessible on or through the Service, and includes, without limitation, text, written posts, photographs, images, logos, credentials, pricing, availability, and business details;
(d)Enquiry means a message or contact request submitted by a Carer through the Service for forwarding to a Consultant;
(e)Listing means a Consultant's profile published on the Service, and includes any Paid Listing;
(f)Paid Listing means a Listing, or listing feature such as enhanced or featured placement, provided under a paid subscription plan;
(g)Service refers to the Cubbee website at cubbee.com.au and any related Cubbee web or software application;
(h)the words we, our, us and Cubbee refer to Cubbee Sleep Pty Ltd (ACN 700 114 450), the operator of the Service, and all of its related entities; and
(i)the words you and your mean you and any business or firm you are authorised to represent in connection with a Listing.
1.3These Consultant Listing Terms should be read in conjunction with, and you agree to, the:
(a)Cubbee End User Terms;
(b)Cubbee Consultant Privacy Policy, which is available on the Service; and
(c)any supplementary terms agreed, or incorporated by reference, in the Service; (collectively, the Agreement).
1.4By submitting a Listing application, or by maintaining a Listing, you agree to all the terms and conditions of the Agreement.
1.5You must be at least 18 years of age and must have the authority to represent the business or practice you are listing.
2. Listings
2.1By submitting a Listing, you warrant that:
(a)all information provided is accurate, current, and complete;
(b)you have the right to publish all Content in the Listing, including any photographs, credentials, and business details; and
(c)you hold any qualifications, certifications, insurance, or licences you claim to hold.
2.2Cubbee reviews all Listing submissions before publication and will notify you of the outcome of your application.
2.3Cubbee may, at any time before or after publication of a Listing, require you to provide any of the following:
(a)evidence of any qualification, certification, or membership of a professional or certifying body that you claim in your Listing;
(b)where you claim to be a registered health practitioner (for example, a registered nurse or midwife), evidence of a current and unrestricted registration with the Australian Health Practitioner Regulation Agency;
(c)certificates of currency for any insurance you claim to hold, or that Cubbee reasonably requires for the services you offer, including professional indemnity and public liability insurance;
(d)a current police check, or a current working with children check or equivalent clearance, valid in the jurisdiction in which you provide services; or
(e)evidence of your identity.
2.4You agree that Cubbee may make reasonable enquiries of third parties, including certifying bodies and public registers, to verify information you have provided.
2.5If you fail or refuse to provide evidence requested under this clause, or the evidence provided does not reasonably support the relevant claim in your Listing, Cubbee may remove the relevant claim from your Listing or suspend or remove the Listing in accordance with clause 11.
2.6Cubbee does not guarantee any minimum number of Enquiries, leads, or bookings arising from a Listing, whether free or paid.
2.7Nothing in this Agreement obliges Cubbee to publish a Listing, and publication of a Listing is not an endorsement of you or your services.
3. Your Responsibilities
3.1You must:
(a)keep the information in your Listing accurate and current;
(b)not make false or misleading claims about your services, credentials, or results, consistent with the Australian Consumer Law;
(c)provide evidence of any credentials you claim in your Listing, if we request it, whether before or after publication;
(d)respond to Enquiries forwarded to you in good faith and within a reasonable timeframe;
(e)provide your services to Carers in a prompt, efficient, professional and courteous manner;
(f)not engage in conduct that is reasonably likely to damage the reputation of Cubbee or the Service; and
(g)comply with all laws applicable to the services you provide, including health, privacy, and consumer protection laws.
3.2You are solely responsible for the services you provide to any Carer who contacts you through the Service. Any service you provide to a Carer is a separate agreement solely between you and that Carer, and Cubbee is not a party to that agreement.
3.3You agree, warrant and acknowledge that:
(a)you are an independent business, and no relationship of employment, joint venture, partnership or agency exists between you and Cubbee, or between Cubbee and any Carer;
(b)you are solely responsible for, and aware of, the taxation, superannuation, insurance, and other legal obligations that apply to the services you provide;
(c)you are not obliged to accept any engagement from a Carer who contacts you, and may decline any Enquiry in your discretion, subject to responding in accordance with this clause; and
(d)you have full power to enter into this Agreement and the terms of this Agreement do not conflict with any existing commitment on your part.
4. Enquiry Information
4.1When a Carer submits an Enquiry to you, Cubbee discloses to you the Carer's name, email address, and message content so that you can respond.
4.2You must:
(a)use Enquiry information only to respond to the Enquiry and to provide any services the Carer engages you to provide;
(b)not add a Carer to any marketing or mailing list without the Carer's consent;
(c)not sell or disclose Enquiry information to any third party; and
(d)handle Enquiry information, including any health information about a Carer or a child, securely and in accordance with applicable privacy laws.
5. Paid Listings
5.1Cubbee may offer paid subscription plans for Listings, including enhanced or featured placement. The fees, billing cycle, and inclusions of each plan are as published on the Service.
5.2Fees are payable in advance and are processed by our third-party payment provider. Cubbee does not store full payment card details.
5.3Unless stated otherwise, fees published on the Service are inclusive of any applicable GST.
5.4You may cancel a Paid Listing at any time, with effect from the end of the current billing period. Except as provided in this Agreement or as required by law, fees already paid are not refundable for the remainder of a billing period.
5.5If Cubbee removes or suspends a Paid Listing other than for your breach of this Agreement, Cubbee will refund a pro-rata portion of any fees paid for the unused part of the billing period.
5.6Enhanced or featured placement is labelled as such on the Service. It affects only the position or prominence of a Listing, and is not an endorsement, ranking of quality, or guarantee of Enquiries.
6. Intellectual Property
6.1You retain ownership of the Content you submit. For Content uploaded by you, or given to us, for use on the Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, reproduce, and display that Content in connection with operating, promoting, and improving the Service.
6.2You represent and warrant that:
(a)you have obtained all necessary rights, releases and permissions to submit all Content to the Service and to grant the rights granted to us in these terms; and
(b)all Content and its submission and use as you authorise in these terms will not violate any laws or any third-party intellectual property, privacy, publicity or other rights.
6.3Cubbee assumes no responsibility or liability for any Content uploaded by you to the Service, and you are solely responsible for that Content and the consequences of submitting and using it with the Service.
7. Limitations of Use
7.1You may not do any of the following while accessing or using the Service:
(a)submit false, misleading, or fraudulent information, including in any Listing;
(b)access, tamper with, or use non-public areas of the Service, or the computer or delivery systems of Cubbee and/or its service providers;
(c)probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
(d)scrape, copy, or republish Content from the Service, including directory content, without the express prior written consent of Cubbee;
(e)interfere with, or disrupt, (or attempt to do so), the access of any user, host or network;
(f)take any action that may undermine any review, feedback, or ratings system used on the Service, including submitting or procuring false reviews or Enquiries; or
(g)take any action that may undermine the quality or integrity of information contained on the Service.
8. Disclaimer
8.1The Service is provided on an "as is" basis. While we endeavour to keep the Service operating and the information on it up to date and correct, we make no representations or warranties of any kind, express or implied, that the Service will be uninterrupted, timely, secure, or error-free, or as to the volume or quality of Enquiries a Listing will generate.
8.2Cubbee takes no responsibility, and will not be liable for, the Service becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.
9. Limitation of Liability
9.1To the maximum extent permitted by law, Cubbee's total liability to you for all claims arising out of or in connection with this Agreement or the Service is limited to the amount you paid to Cubbee (if any) in the 12 months preceding the claim.
9.2To the maximum extent permitted by law, Cubbee excludes all liability for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill.
9.3Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
9.4To the extent Cubbee's liability for breach of a consumer guarantee cannot be excluded but may be limited, Cubbee's liability is limited, at Cubbee's option, to resupplying the relevant services or paying the cost of having the services supplied again.
10. Indemnity
10.1You indemnify Cubbee, its directors, employees, and agents against any loss, damage, cost (including reasonable legal costs), or liability arising from any third-party claim to the extent it arises out of:
(a)the Content in your Listing, including any claim that it is false, misleading, or infringes the rights of any person;
(b)any service you provide, or fail to provide, to a Carer or any other person;
(c)your breach of this Agreement; or
(d)your breach of any law,
except to the extent the loss, damage, cost, or liability was caused by Cubbee's breach of this Agreement or negligence.
11. Suspension and Removal
11.1Cubbee may reject, edit, suspend, or remove a Listing, restrict your activities on the Service, or refuse to publish any Content, if:
(a)you have, or Cubbee reasonably believes that you have, breached this Agreement;
(b)Cubbee is unable to verify or authenticate any information you have provided via the Service;
(c)Cubbee reasonably believes that any of your information or Content is incorrect, misleading, inappropriate, or of an offensive nature;
(d)Cubbee reasonably believes the relevant business or practice is inactive; or
(e)Cubbee reasonably believes that your actions may cause loss or damage to, or otherwise unlawfully harm, you, Cubbee's users, third parties, or Cubbee.
11.2Where practicable, Cubbee will give you notice of the reason for the suspension or removal of a Listing and a reasonable opportunity to correct the issue, except where the issue presents a risk to Carers, children, or the integrity of the Service.
11.3You may close your Listing at any time by contacting us. Clause 5 applies to the cancellation of any Paid Listing.
11.4Cubbee may discontinue the Service, or any part of it, at any time. If the Service is discontinued, any fees paid for a Paid Listing will be refunded pro-rata for the unused part of the billing period.
12. Variation
12.1We may amend these Consultant Listing Terms from time to time by posting the updated terms on the Service. For material changes, we will give reasonable advance notice, including by email to Consultants with an active Listing.
12.2Your continued maintenance of a Listing after the updated terms take effect constitutes acceptance of the updated terms.
12.3If a material change adversely affects a Paid Listing, you may cancel the Paid Listing by notice to us before the change takes effect and receive a pro-rata refund of fees paid for the unused part of the billing period.
13. Dispute Resolution
13.1If a dispute arises out of or in connection with this Agreement, the parties must first attempt, promptly and in good faith, to resolve the dispute between themselves.
13.2If the dispute is not resolved within 30 days, either party may refer the dispute to mediation before commencing court proceedings.
13.3Nothing in clause 13 prevents a party from seeking urgent interlocutory relief.
14. Other Matters
14.1If the whole or any part of any clause of this Agreement is illegal or unenforceable, it will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement.
14.2This Agreement:
(a)accurately reflects the agreement between the parties as to its subject matter;
(b)records the entire agreement between the parties with respect to the subject matter of the Agreement; and
(c)supersedes all prior representations and agreements in connection with that subject matter.
14.3The failure of Cubbee at any time to insist on performance of any obligation of you under this Agreement is not a waiver of its right:
(a)to insist on performance of, or claim damages for breach of, that obligation unless Cubbee acknowledges in writing that the failure is a waiver; and
(b)at any other time to insist on performance of that or any other obligation of the other party under this Agreement.
14.4This Agreement does not create a relationship of employment, agency or partnership between the parties. You must not represent that you are employed by, act for, or are endorsed by Cubbee.
14.5This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state.
15. Contact Us
15.1Questions about these terms should be directed to Cubbee Sleep Pty Ltd (ACN 700 114 450) at hello@cubbee.com.au.