Limitations of Licence
Below is a summary of a few limitations in your licence however please do read through your agreement carefully below so you are familiar with what you can and cannot do.
You are not able to:
· Use any of the Peaceful Kids illustrations except for the Logo (that includes the Monkeys) in your social media, promotional material or on your own website
· Facilitate Peaceful Kids via webinar, zoom or pre-filmed sessions.
· Train adults in the Peaceful Kids or Peaceful Parents program.
· Email participants the Peaceful Kids resources.
· Share photos of the resources (up close) on your social media.
· Use the name ‘Peaceful Kids’ for your own business name or set up a social media account with the Peaceful Kids business name. You will need to use your own name or set up your own business name.
· Use the Peaceful Kids logo as your own business logo.
· Repost any Peaceful Kids’ social media posts as your own (sharing of stories or using the repost app is fine)
1. Agreement
The following Agreement relate to participation in Peaceful Kids training program (‘the Program’), and the provision of a Licence to deliver the Program (“Training”) (“Licence”) (“Agreement”). This Agreement constitutes a legally binding contract between Wellbeing for Kids Pty Ltd ABN 81 613 017 833 (“Wellbeing for Kids”) (“us”, “we”, “our”), the owner of the Program, and you (“you”, “your” or “user(s)”), a participant in the Training and Licensee of the Program.
By participating in the Training, you agree to be bound by this Agreement and our Privacy Policy. We may amend our Agreement or Privacy Policy at any time. If you do not agree to the Agreement or the Privacy Policy (or any subsequent amendments) you must cease using the Program immediately.
2. Definitions
‘Children’ means children between the ages of 4-12 (Kinder & Primary aged students)
‘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 Classrooms training manual, the Peaceful Kids training manual, digital materials and session guidelines.
3. Peaceful Kids Program
The Peaceful Kids Program is a Mindfulness and positive psychology program designed for children aged 4 to 12 years of age, 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 (or online training), participants can present the program in a non-commercial capacity only, for example in schools, community centers, 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.
Chill Out Sessions
Licence holders can also deliver the Mindfulness ‘Chill Out’ lessons for primary aged groups of children using the Mindfulness meditations and activities given in the ‘Peaceful Classrooms’ manual. This additional course material is only available to Licence holders and cannot by purchased by Participants who do not purchase a Licence. Licence holders need to complete the ‘Advanced Peaceful Kids’ training to be able to facilitate the ‘Chill Out’ sessions.
4. Program and Licence Fees
A Kit and 1 year Licence can be purchased for $2400 plus GST as a one-off payment or payable in three instalments of $850 plus GST. You understand that by entering into this Agreement you are agreeing to the payment of an upfront payment or 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 $850 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.
Late fees will be added if instalments or renewals are not paid by the due date.
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.
5. Licence
Participants who purchase of the Licence are granted a non-exclusive, non-transferrable, revocable Licence to deliver the Program to children in accordance with clause 6 of this Agreement.
Only trained Peaceful Kids facilitators can deliver the program within this Licence. The Licence does not allow participants to train others in their organisation to then deliver the program.
Every facilitator needs to have completed the Peaceful Kids training with no exceptions which also includes co-facilitators or support people sitting in on the group.
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.
Licencees are not limited to delivering the program to a territory, suburb or area. Multiple license holders may purchase the licence in any one given area. Purchase of the license does not give ownership of a territory to deliver the ‘Peaceful Kids’ program or the ‘Chill out’ sessions.
Upon purchase of a Licence, Licensees are entitled to use the Peaceful Kids logo or the Chill Out sessions 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 or the ‘Chill Out’ sessions only and does not give Licensees any right to deliver Training in the Program or grant any licence or accreditation to any other person outside of your organisation.
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. This includes not delivering staff sessions in schools or kindergartens using any of the program material.
The license allows you to deliver the program to children aged 4-12 years, and not to teenagers.
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 Parents’ or ‘Peaceful Teens’ programs or entitles any Participant or Licencee to deliver ‘Peaceful Parents’ or ‘Peaceful Teens’ programs or training. These licences need to be purchased separately.
This License may be terminated if you violate any of these Agreement or our Privacy Policy. Additionally, this Licence may be terminated if you engage in any activities that may reasonably cause loss or damage to us, or if your activities in connection with the use of the Site or Program are in violation of any applicable laws. You may terminate this Licence at any time by notifying us.
6. 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 Peaceful Kids Intervention 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 Chill Out sessions can also be delivered over weekly 1-hour sessions using only the material given in the ‘Peaceful Classrooms’ manual and using the Peaceful Classrooms resources.
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 training to staff in school or organisations in any capacity. The Licence does not allow you to deliver parent seminars (apart from the Peaceful Kids introductory session for Parents) using any of the program material or resources.
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.
Licensees are not permitted to alter the Peaceful Kids logo on advertising material.
Licensees must not use the words 'Peaceful Kids' in their own business name. Licensees must advertise the Peaceful Kids classes under their own name or a business name and offer 'Peaceful Kids' as a service in their own business.
Licensees must not use the words 'Peaceful Kids' in their social media account names. Licensees must advertise the Peaceful Kids classes under their own social media name or a business name and offer 'Peaceful Kids' as a service.
Failure to comply with any requirements in this clause will constitute a breach of your Licence, and may result in revocation.
7. 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/s must be presented prior to any License being granted. If you do not have experience working with children, then you will need to complete the whole Certificate in Mindfulness and Wellbeing for children to facilitate the Peaceful Kids program or the ‘Chill Out’ sessions.
You confirm that you have
- At least 3 years’ experience working with children in the teaching, education, or mental health field (or complete the practicum placement of 70 hours in the certificate program course)
- A current Australian Working with Children Check (or equivalent), 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.
- Hold a current first aid certificate and keep the certificate up to date.
8. 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.
9. 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.
10. 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.
11. Personal Information
We are required to collect such personal information from you as reasonably required to provide Training and Licenses, and in accordance with our Privacy Policy. This information may include your personal details together with certain other information; not limited to your name, mailing address, education, work history, and email address. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.
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.
12. 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.
13. Payments
We use a secure online payment system via ‘Square’ for your initial payment. Invoices will be issued for subsequent instalments.
In order to purchase any of our services you may 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.
Any concerns regarding payment should be emailed to info@wellbeingforkids.com.au.
14. Termination, Renewal and Refunds
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.
Renewal
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 and late payment fees may be added.
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.
15. Disclaimers
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.
16. 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.
17. Indemnity
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.
18. 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.
Our Privacy Policy can be accessed by clicking on this link.
‘Wellbeing for Kids’ complies with all Australian Child Protection legislation to the extent applicable.
19. Miscellaneous
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 Consents
Where any provision of these Agreement provides 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 Agreement
The 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 Parties
Nothing 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 Jurisdiction
The 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.
Assignment
You 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.
20. 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.
21. Multiple Licences
This licence agreement is for a single facilitator / licence holder. Licence holders are not able to employ other facilitators under this single licence and need to purchase or upgrade to the multiple Peaceful Kids Facilitators operating under one business name.