Terms and Conditions
Terms & Conditions
Agreement
1.
1. By using our Website and Services, you confirm that: (A) you have read and
accept these Terms of use and that you agree to comply with them. If you do not
agree to these Terms, you must not use our Website. (B) you are the parent or
guardian of the child who uses our Services and using this Website within
Australia.
2. We are the owner or the licensee of all intellectual property rights in our
Services, Website, and in the material published on it. Nothing in these Terms
transfers any rights to you. All such rights are reserved.
We may make changes to these Terms
1.
1. We amend these Terms from time to time. Every time you access our Website,
please check these Terms to ensure you understand the Terms that apply at that
time. By continuing to use our Services after the amendments take effect, you
agree to be bound by the Terms as amended.
2. These Terms were most recently updated on 8th June 2023
We may make changes to our Website
1.
1. We may update and change our Website from time to time to reflect changes to
our Services, our users' needs, changes in law and our business priorities.
We may suspend or withdraw our Website
1. Our Website is made available free of charge.
2. We do not guarantee that the Services, our Website, or any content on it, will
always be available, uninterrupted or be error-free. We may suspend or withdraw
or restrict the availability of all or any part of our Website or Services for
business and operational reasons. We will try to give you reasonable notice of
any suspension or withdrawal.
3. This Website is provided on an "as is" and "as available" basis, and we make no
representations or warranties, express or implied, regarding the operation or
availability of the Website or Services.
Our Services
1. We will provide the following services to you and your child:
1. Mindfulness and positive wellbeing sessions for 5 – 12 year old children
in a school environment, which includes, play, craft, poetry, journaling,
movement and meditation.
2. Strategies for school wellbeing for both staff and students regarding
positive growth mindset and mindfulness;
3. Mindfulness focused coaching and wellbeing workshops;
4. Well-being plans and informational materials regarding mindsets and
mindfulness (“Materials”)
2. Services will ordinarily be provided at the relevant schools and on the days and
time indicated on the Website at the time of your booking, or otherwise in any
manner determined by us, where we have provided reasonable notice to you.
3. We will perform the Services and prepare the Materials, if applicable, with
reasonable skill and care and in accordance with these Terms and all relevant
laws.
4. We will provide the Services to you for the period of time as outlined on the
Website in the package you have chosen term or holiday session. You may not
terminate before the end of the Service Period.
5. You agree that the scope of the Services as advised by us, or as indicated on the
Website, is sufficient for your purposes.
6. We reserve the right to postpone the delivery of the Services in the event of
personnel illness or other unforeseen event. We will endeavour to provide you
with as much notice as possible of any postponement.
7. We and our personnel deliver the Services. Where we are unable to deliver the
Service for any reason, we reserve the right to deliver the Service through a
substitute or an alternative service provider.
8. Where you are unable to attend a one-to-one session, you must notify us at least
24 hours before the session. Failure to do so will result in a forfeit of the session
and any associated Fees for that session. You must notify us of any change to
your sessions by emailing [email protected]
Privacy
1.
1. We take your privacy seriously and any information provided through your use of
the Website and/or Services are subject to our Privacy Policy, which is available
on the Website. You agree to allow us to send you electronic communication
(including email and SMS) regarding the Services, including any information
regarding or relating to our goods and services, in accordance with our Privacy
Policy.
Intellectual Property
1.
1. We own all intellectual property rights in the Services, Website, Materials and
any information and materials contained on the Website (“Content”), and you
will have a limited, non-exclusive, non-transferable licence to use the Content
for your own personal purposes.
Competitors
1.
1. If you are in the business of providing similar Services for the purpose of
providing them to users for a commercial gain, whether business users or
domestic users, then you are our competitor. Competitors are not permitted to
use or access our Services or Content. If you breach this provision, we will hold
you fully responsible for any loss that we may sustain and hold you accountable
for all profits that you might make from such a breach.
General Disclaimer
1.
1. Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
2. Subject to this clause, and to the extent permitted by law all terms, guarantees,
warranties, representations or conditions which are not expressly stated in the
Terms are excluded.
3. By using our Services, you agree that we are not to be held liable for any
decisions you or your child make based on any of the Services, the Materials or
guidance we provide and any consequences, as a result, are your own. Under no
circumstances can you hold us liable for any actions you or your child take nor
can you hold us or any of our employees liable for any loss or costs incurred by
you as a result of any guidance, advice, coaching, Materials or techniques used
or provided by us.
4. All our information on both the Website, Materials and in Services is not
comprehensive and is for general informational purposes only. The Content does
not take into account your or your child’s specific needs, objectives or
circumstances, and it is not advice. While we use reasonable attempts to
ensure the accuracy and completeness of the information and Content, we
make no representation or warranty in relation to it, to the maximum extent
permitted by law. Results are not guaranteed and we take no responsibility for
your actions, inactions, choices or decisions.
5. Any advice or information given as part of the Services and the Materials is not
intended to be a substitute for professional medical advice, diagnosis, or
treatment. Always seek the advice of a qualified industry professional with any
questions you may have regarding any medical matters. Never disregard
qualified professional advice or delay in seeking it because of anything
contained in the Service or Materials.
Limitation of liability
1. Both parties total liability, save for your non-payment of the Service Fees, or any
loss arising out of your unauthorised disclosure of the Content, both of which is
uncapped, arising out of or in connection with the Services or these Terms,
however arising, including under contract, tort (including negligence), in equity,
under statute or otherwise, will not exceed the resupply of the Services to you, or
the Service Fees paid by you in the preceding 12 months.
2. Neither party is liable to the other in contract, tort (including negligence or
breach of statutory duty), misrepresentation or otherwise for any loss of profit or
revenue (whether direct or indirect), loss of opportunity or loss of goodwill,
and/or any indirect, special or consequential loss of any kind.
3. Nothing in the Agreement will limit a person’s liability for: a) death or personal
injury caused by that person’s negligence; b) that person’s fraud; or c) anything
else that cannot be limited by law.
• Indemnity
Both parties agree to indemnify the other party, against any Liability suffered or incurred arising
from or in connection with any breach of these Terms or any applicable laws. This indemnity is a
continuing obligation, independent from the other obligations under these Terms, and
continues after these Terms end. It is not necessary to suffer or incur any Liability before
enforcing a right of indemnity under these Terms.
• We are not responsible for viruses
1. We do not guarantee that our Site will be secure or free from bugs or
viruses or any other type of malicious code or software.
2. You are responsible for configuring your technology to access our Site.
You should use your own antivirus software.
• We are not responsible for websites we link to
1. Where our Site contains links to other sites (including banner
advertisements and sponsored links) and resources provided by third
parties, these links are provided for your information only and you access
third party websites subject to the terms and conditions for those
websites.
General
• Disputes: In the event of any dispute, the parties agree to mediate before proceeding to
litigation.
• Force majeure: If we are unable to perform in whole or in part, any obligation under
these terms as a result of any fact, circumstance or matter beyond our control, we are
relieved of that obligation to the extent and for the period that we are unable to perform
the obligation. You agree that we will not be held liable for any delay or failure in
performance of any part of the Coaching Services or delivery of the Materials.
• Severability: Any provision of these Terms which is void, illegal or otherwise
unenforceable will be severed to the extent permitted by law without affecting any other
provision of the Terms.
• Relationship: These terms do not confer an agency, partnership, joint venture, or
employee-employer relationship between us and you or any other party unless expressly
stated otherwise.
• Entire agreement: These Terms forms the entire agreement between the parties in
relation to the Services. It replaces any earlier agreements, representations or
discussions.
• Jurisdiction: These Terms are governed by the laws of New South Wales. You irrevocably
and unconditionally submit to the exclusive jurisdiction of the New South Wales
courts. Although the Course may be accessed throughout Australia and overseas, we
make no representations or warranties that its content, or the Products, comply with the
laws (including intellectual property laws) of any country outside Australia. If you access
the Website from outside Australia, you do so at your own risk and are responsible for
ensuring compliance with all laws in the place where you are located. This clause
survives termination of these terms.
Waiver
Before and After School Classes
1. Where you register your child in a Before and After School Class (“Class”), you agree:
1. That you agree to these terms for and on behalf of your child;
2. Your child is mentally and physically fit and well and is able to participate in our
Services;
3. You will notify us of any special needs your child may have you will promptly
inform us of any change in your child’s circumstance that may affect their
participation in and receipt of the services.
2. We reserve the right to suspend providing the Services to any child or participant who is
rude, threatening, inappropriate, abusive or in any way disruptive to the Class and the
Class participants. A refund of the Service Fees will only be paid, where we can fill the
position of the suspended child.
1. You must collect your child from our care at the stated end time of each Class.
Failure to do so will result in the following late fees being payable by you for every
Class the child is not collected time:
1. More than 10 minutes late – $10.00+GST
2. More than 20 minutes late – $20.00+GST
3. More than 30 minutes late – $30.00+GST
2. Where your child is sick, or unable to attend a Class for any reason, you will not
be entitled to a refund or all or part of the Service Fees.
Your obligations
You agree to comply with the following:
1. you will use the Services only for purposes that are permitted by:
1. the Terms; and
2. any applicable law, regulation or generally accepted practices or guidelines in
each State and Territory of Australia;
2. all Services, Materials and information provided by us, is strictly confidential and is
provided to you for your personal use only. We reserve the right to immediately
terminate the Services if we suspect you have shared, or allowed the sharing, of any
information with anyone;
3. you will not use the Services, Materials or the Website in connection with any
commercial endeavours except those that are specifically approved by us;
4. you will not use the Services or Website for any illegal and/or unauthorised use;
5. you acknowledge and agree that any automated use of the Website or its Services is
prohibited.