1. Definitions ‘Kit’ means Training Materials, teaching aids, resources, handouts, business support material, logo and digital materials.
‘Resources’ means any Training Materials, including but not limited material and collateral available in the password protected area of the Peaceful Kids website.
‘Site’ means the Peaceful Kids Website www.peacefulkids.com.au
‘Training Materials’ includes the presentations shown during the Training course, worksheets, video presentations, handouts, the Peaceful Kids handout/workbook, Peaceful Classroom training manual, the Peaceful Kids training manual, digital materials and session guidelines.
2. Peaceful Kids Program The Program is a mindfulness and positive psychology program designed for children, and to be delivered in schools, hospitals, community organisations and private practice. The Program is not a counselling, clinical or therapeutic program. Nothing in any Training or the Program entitles any Participant or Licensee to represent or hold themselves out as a ‘counsellor’ or provide counselling services.
Training At the completion of the 2 day Training course, Participants can present the Program in a non-commercial capacity only, for example in schools, community centres, hospitals or other not-for-profit sessions, and without charging any fee to users or participants.
Participants seeking to deliver the Program on a commercial basis, either within or with some association with a school, community group or other not-for-profit association, must purchase and maintain a current Licence. Licences must be purchased prior to any advertising, trial, or offer being made.
Private and Commercial Program Delivery Upon completion of the Training, Participants who wish to present and deliver the Program in a private and/or commercial capacity must purchase a Kit and Licence, which must be renewed annually. Participants must not hold out that they are entitled to or running any Programs until Licence fees are paid in accordance with clause 13.
Purchase of a Kit and Licence includes access to all Resources on our Site including Training Materials required to deliver the Program.
For the avoidance of doubt, completion of Training alone does not entitle Participants to deliver the Program for commercial purposes.
Advanced Peaceful Kids Training Licence holders who attend an additional Advanced Peaceful Kids training course will be entitled to deliver Mindfulness ‘Chill Out’ lessons to groups of children. This additional course material is only available to Licence holders, and cannot by purchased by Participants who do not purchase a Licence.
3. Program and Licence Fees
Participation in the Course costs $695 plus GST, plus a 30c online booking fee.
A Kit and 1 year Licence can be purchased for $1800 plus GST, payable in three instalments of $600 plus GST. You understand that by entering into this Agreement you are agreeing to the payment of three instalments and that Licences cannot be terminated within the first year. No refunds are payable in respect of any purchase except in accordance with clause 14.
An annual re-registration fee of $450 plus GST is payable on the anniversary of each Licence being granted. It is the responsibility of the Licensee to ensure that their Licence is current.
We bear no responsibility for marketing or providing clients to any Licensee, and make no representations relating to guaranteed earnings or participants. Licensees are responsible for marketing their own business and sourcing clients.
4. Licence Participants who purchase of the Licence are granted a non-exclusive, non-transferrable, revocable Licence to deliver the Program to parents and children in accordance with clause 6 of this Agreement.
Licencees must not share their Licence with anyone else, grant access to any protected area of the Site, reproduce, modify or otherwise attempt to copy, translate any Resources or Training Materials.
Upon purchase of a Licence, Licensees are entitled to use the Peaceful Kids logo on their website, and advertise the Peaceful Kids program as a service that is offered.
Limitations of Licence This is a Licence to deliver the Peaceful Kids Program only, and does not give Licensees any right to deliver Training in the Program, or grant any licence or accreditation to any other person. For the avoidance of doubt, Licensees must not train any other adults in the Program or incorporate the Program in any other training services provided to adults.
Licencees are prohibited from making any alterations to any Training Materials or element of the Program, including but not limited to the delivery of the Program to adults. Such conduct constitutes a breach of the Licence and our intellectual property rights, as outlined in clause 8.
Nothing in this Agreement relates to the delivery of Peaceful Parent programs, or entitles any Participant or Licencee to deliver Peaceful Parent programs or training.
5. Private Delivery and Advertising of Peaceful Kids Program
Delivery By purchasing a Licence you agree to deliver the Program in accordance with this Agreement, the Training Manual, and any other materials, guidance or procedures provided and/or amended from time to time.
The Program is to be delivered in person as a course over eight weeks, in weekly one hour sessions, to small groups of children including one parent session, or in one-on-one sessions. The Licence does not permit delivery of the Program via webinar, or any other online program or mechanism.
Where concerns are raised during delivery of a Program or where otherwise appropriate, Licensees must refer parents to a psychologist or registered mental health professional for professional advice at the conclusion or during the Program.
The Program must be delivered as a standalone program, and must not be delivered as part of any other program or course, or be incorporated into any other course, application, or similar. No adaptations or amendments to any aspect of the Program or its delivery are permitted.
The Licence does not include delivering Mindfulness lessons in the classroom. Licence holders need to attend the Advanced Peaceful Kids training and deliver the ‘Chill Out’ lessons as outlined in the course material only.
The Licence does not include delivering Mindfulness training to staff in school or organisations.
Licencees must ensure that parents of participating students attend the ‘parent’ session at commencement of delivery of the Peaceful Kids program, and should encourage parents to attend an optional parent session at the conclusion of the Program. You must not deliver the Program to any child whose parent is unable or unwilling to attend the ‘parent’ session, or whose parent has not given permission for their child to attend the session.
Advertising Licensees must be referred to as ‘Peaceful Kids Classes Facilitator’ in all advertising and marketing materials and documentation.
Licensees are permitted to use the Peaceful Kids logo on advertising material, but are not permitted to use any other images or logos without the prior written permission of Wellbeing for Kids.
Failure to comply with any requirements in this clause will constitute a breach of your Licence, and may result in revocation.
6. Your Warranties
You understand and accept that in order to deliver the Program you must hold a tertiary qualification in education, counselling, psychology, special education or mental health, or demonstrate equivalent training or experience in a related field. Applicants with alternative or equivalent qualification or experience will be assessed on a case by case basis, and accepted at our absolute discretion. Evidence of your qualification must be presented prior to any Licence being granted.
You confirm that you have
At least 3 years’ experience working with children in the teaching, education or mental health field,
A current Australian Working With Children Check, and agree to maintain the currency of this registration, and
Professional indemnity and public liability insurance for your modality. A certificate of currency must be provided prior to your acceptance into the Program, and each subsequent year, upon renewal of your Licence.
7. Intellectual Property
You are responsible for your use of the Program and Resources, and for any use and delivery of the Program. You agree not to copy, authorize the copying or otherwise use our Program and Resources, including our intellectual property and trademarks, except as permitted under this Agreement or as otherwise authorised in writing by us.
The design of our Program and Resources including but not limited to all created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights as applicable under law. “Peaceful Kids” is a registered business name, all rights reserved. We reserve all rights not expressly granted under these Agreement in and to the Program and Resources. You agree to not engage in the use, copying, or distribution of anything contained within the Program or Materials unless we have given express written permission.
You agree that the copyright in all Programs and Resources vests in us and that your use of any Programs and Resources are subject to the Licence rights granted to you in these Agreement.
8. Website Service Changes and Availability
We reserve the right to alter, update, or remove any of our Resources at any time. We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site, Program or Materials may do so. We reserve the right to terminate access for anyone.
9. Linking and Third Party Content
You must not frame, reformat, replicate or mirror any part of the Site or use any data mining robots or other extraction tools in relation to the Site, without our prior written authorisation.
You may link to our Site without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site contents, including any intellectual property notices. At our request, you must immediately remove any link to our Site.
Our Site may contain links to or display the content of third parties (“Third Party Content”), including links to website operated by other organisations and individuals (“Third Party Websites”). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Websites, or in respect of the owner or operator of a Third Party Websites or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
10. Personal Information
You warrant the personal information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.
11. User Accounts/Access to Resources
Upon payment, you will be provided with access credentials (Login Details) to enable you to access and use certain areas of the Site and access Resources. Each time you log in, you will be deemed to be authorized to access and use that Site in a manner consistent with these Agreement. We have no obligation to investigate the authorisation or source of any such access or use of the Site.
You are solely responsible for protecting the security and confidentiality of the Login Details. You must immediately notify us of any unauthorised use of the Login Details or any other breach or threatened breach of Site security you may be aware of. You will be solely responsible for all access to and use of a Site by anyone using Login Details on your behalf or as disclosed by you, whether or not such access to and use of the Site is actually authorized by you.
We use a secure online payment system. In order to purchase any of our Services you will be required to make payment via credit card, or via other program or provider that we engage from time to time. We may require you to provide us with your credit or debit card information.
Access to the Business Licence protected areas of our Site will be made available after full payment of the total amount is cleared, or where payment is to be made in three equal instalments, when payment of the first instalment has been made. You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards By ordering from us, you agree that we may charge you the price listed at the checkout screen on our Site, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time to time.
The prices for Services provided under these Agreement will be as set out on the relevant Site at the time you apply for the Services. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act).
From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.
Termination You may terminate your Licence at any time by providing written notice to us. No refunds will be issued for termination prior to the end of the first annual Licence term. Full payment of the Licence is required notwithstanding any termination of a Licence during the first term. For the avoidance of doubt, where a Licensee seeks to terminate their Licence during the first term, this does not entitle the Licensee to any refund or reduction in total fees payable for the Licence.
Licensees are responsible for renewing their annual Licence within 30 days of its expiry, being one year from the date of the Licence being granted. You understand that your Licence will be revoked if not renewed within this period.
Refunds Where Licence renewals are terminated within 60 days of being granted, a refund of 50% will be made. No refunds will be provided for Licences terminated after 60 days of being granted, or for new Licenses during the first year. Earnings We do not make any guarantee of earning or income associated with any Licence. You understand that you are solely responsible for the marketing, advertising and delivery of Programs in accordance with your Licence.
Your use of our Site is at your own risk. The information, materials, products and services provided on or through our Site and Services are provided “as is” and to the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through our Site. Except for the purposes of any “consumer guarantees” as defined under the Australian Consumer Law, we hereby expressly disclaim all liability for our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
By accessing our Site or using our Services, you assume all risks associated with such use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third
Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Site are hereby excluded. By accessing our Site or purchasing Training or a Licence, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
In regards to any breach or failure to comply with Australian Consumer Law, we may resupply the service or pay for the service to be supplied again, in accordance with our obligations under the Australian Consumer Law.
15. Limitation of Liability
Other than to the extent prohibited by applicable law including Australian Consumer Law, we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Site or Services. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Site or Services be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Site or Services, any Third Party Websites linked to our Site or Services (including the materials, information or services contained on such Site) whether in contract or tort or regardless of being advised of the possibility of such damages.
In the event of any problem with our Site or any content, you agree that your sole remedy is to cease using the relevant Site. In the event of any problem with the products or services that you have purchased on or through our Site, your remedies will be as prescribed by Australian Consumer Law.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where it is prohibited, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Site are contingent on your agreement with this and all other sections of these Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site or Services within the last six months, whichever is greater.
You agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under these Agreement or from any other loss which may arise from or as a result of any breach of these Agreement or use of our Site or Services by you or your officers, employees, agents, contractors or consultants.
17. Privacy and Child Protection We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information.
Welbeing for Kids complies with all Australian Child Protection legislation to the extent applicable.
Variation and Waiver A provision of or a right created by these Agreement cannot be waived except in writing signed by the party granting the waiver. We reserve the right to amend these Agreement at any time.
Approvals and ConsentsWhere any provision of these Agreement provide for a party to provide its consent or approval then such party may conditionally or unconditionally in its absolute discretion give or withhold such consent or approval unless these Agreement expressly provide otherwise.
Entire AgreementThe agreement contained in these Agreement contains all of the terms, conditions, representations and warranties in connection with the agreement reached between the us and you with respect to the subject matter of these Agreement.
Relationship of PartiesNothing in this these Agreement creates a partnership or joint venture between the parties, and no party can bind or pledge the credit of the other party.
Governing Law and JurisdictionThe agreement contained in these Agreement is governed by and construed in all respects in accordance with the laws of the State of Victoria, Australia and the parties hereby submit to the non-exclusive jurisdiction of the courts of the said State of Victoria.
AssignmentYou must not novate, assign or subcontract the agreement contained in these Agreement or any of its obligations herein without our prior written consent.
Force Majeure You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Severability In the event that a provision of these Agreement is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the agreement contained in these Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
19. Legal Notice Amendments Peaceful Kids reserves the right to make any changes and corrections to these Agreement notice. Please refer to this page from time to time to review these terms and conditions and new additional information.