Playful Families Online Course and Membership Terms and Conditions

 

In these terms and conditions, when we talk about we, our, or us in these terms and conditions of membership, we mean Amy Cox as trustee for Playful Family Trust ABN 92 419 560 140.  The following definitions also apply:

  1. Platform describes the Play Squad TM community hosted on the third party platform Kajabi and available at https://playfulfamilies.mykajabi.com/login and which may be available through other addresses or channels; and
  2. Course Platform refers to our online course The Smile Connection TM and associated online and mobile presence and educational materials, and is available at https://playfulfamilies.mykajabi.com/login  and may be available through other addresses or channels or on a platform hosted by a third party.

Amy is the proud owner of the Platform and Course Platform.

Accepting the Terms and Conditions 

By accessing and/or using our Platform and Course Platform, you and each person, entity or organisation using our Platform and Course Platform (referred to as you or a User) (i) warrant to us that you have reviewed these terms and conditions of membership, including our Privacy Policy (available on the Platform and Course Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (3) agree to use the Platform and Course Platform in accordance with these Terms. 

If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform and Course Platform, you agree to: (i) supervise the Minor’s use of the Platform, Course Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform, Course Platform and their account; (iii) ensure that the content on the Platform and Course Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf. 

Please read these Terms carefully and cease using the Platform and Course Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform and Course Platform regularly to ensure you are aware of our current Terms.

Collection Notice

  1. When you access and use our Platform and Course Platform, we collect personal information about you in order to tailor the Platform and Course Platform to your needs and for us to know what kind of content you are interested in. We also collect personal information from you so we can respond to any of your inquiries and for other purposes set out in our Privacy Policy.
  2. We may disclose that information to third party service providers who help us deliver our services (including data storage, web-hosting and server providers, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform and Course Platform, or your use of the Platform and Course Platform may be limited.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
  3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
  4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Course Platform and Platform.  By making available any User Content on or through our Platform and Course Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform and Course Platform.

If you post User Content to any public area of our Platform or Course Platform or any other related third party platform like Facebook, Instagram or any social media platform it becomes available in the public domain. We have no control over who sees it or what anyone does with it

You agree that you are solely responsible for all User Content that you make available on or through our Platform and Course Platform.  You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Course Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been posted by you. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Removal of Offensive Content

We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

If you are offended by any Content, the following procedure applies:

  1. your claim or complaint must be submitted to us in the form available on our Site, or contain the same information as that requested in our form. It must be sent to us by post or email;
  2. we shall remove the offending Content as soon as we are reasonably able;
  3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
  4. we may re-instate the Content about which you have complained or not.

In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

If any complaint made by you is either frivolous or vexatious, you agree that you will repay us the cost of our investigation including legal fees, if any.

Intellectual Property Rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and Course Platform and all of the Content. Your use of our Platform and Course Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform and Course Platform or the Content.

You acknowledge that we own the registered trade marks set out below:

  1. Playful Families (registered trade mark number 2024634);
  2. Play Squad (registered trade mark number 2027205);
  3. The Smile Connection (registered trade mark number 2091033); and
  4. Playful Path (registered trade mark number 2024617).

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

  1. Copy or use, in whole or in part, any Content;
  2. Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. Breach any intellectual property rights connected with our Platform and Course Platform, including (without limitation) by
  • altering or modifying any of the Content;
  • causing any of the Content to be framed or embedded in another website; or
  • creating derivative works from the Content.

Exclusion of competitors

You are prohibited from using our Platform and Course Platform, including the information and materials available on it (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.Information

The Content (see the ‘exclusion of competitors’ clause above) is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform and Course Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Third party sites

Our Platform and Course Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance

We may, at any time and without notice to you, discontinue our Platform and Course Platform, in whole or in part.  We may also exclude any person from using our Platform and Course Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

  1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010  (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
  2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 


Play Squad
Membership Terms


Signing Up

  1. To access, browse and view the Platform, you will need to sign up and become a member of the Platform (Member) by creating an account (Account). You are only able to have one (1) Account on the Platform.
  2. By electing to join as a Member, you agree to be bound by these Terms. The contract between us comes into existence when we receive payment from you to become a Member. In entering into this contract you acknowledge and agree that you have not relied on any representation or information from any source except the definition and explanation of the Services given on our Platform.
  3. When you sign up to become a Member, you must provide basic information including your name, email address, your location and details about your business, so we know who you are. You may choose your login details, including your password. If we allow you to create a username, the username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. We review applications to become a Member and we may refuse to provide any person within membership, including if, in our sole discretion, we believe you are not a good fit for the Platform.
  4. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. We are not responsible for any error made as a result of such information being inaccurate.
  5. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions. You accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure.
  6. You will immediately notify us of any unauthorised use of your Account.
  7. You agree to notify us of any changes in your information, such as updated credit card details or other critical personal information immediately once a change occurs. If you do not do so, we may terminate your account at our discretion.

Membership

  1. Details of the cost and benefits of Membership are as set out on the Platform. You may subscribe to Membership Services at any time on the basis we offer it to you at the time you elect to subscribe.
  2. You do not have to take any action for these Terms to apply other than electing to be bound by the Membership. By accepting these Terms, you instruct us to give you immediate access to the Platform and all paid services (Membership Services) and you know that by doing so, you may not be entitled to a refund of any Membership fees paid to us.
  3. In signing up to be a Member, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent
  4. Termination of Membership will be regulated by this contract set out in the section titled “Canceling, Refunds and Termination” below.
  5. You may not transfer your Membership to any other person.
  6. We reserve the right to modify the Membership rules or system and to change the Terms of this contract at any time, without notice. If, after such modifications, you continue to use your Membership, we will deem this as your acceptance of the modified Terms.

Conduct and Social Media

  1. Becoming a Member means we give you access to exclusive content and materials, including but not limited to group question and answer sessions and access to our exclusive Facebook group. Your access to and your participation in any question and answer session, or any forum we make available via the Platform, including on Facebook, is subject to certain minimum standards of conduct. You being given access to our exclusive content, Facebook group, question and answer sessions and other benefits is conditional on you complying with the standards of behaviour we expect of you.
  2. When you access the Platform, participate in any forum we curate (including on Facebook), or you participate in any of our question and answer sessions, you must not do, or attempt to do, anything that is unlawful, malicious, defamatory, obscene, offensive, threatening, violent, sexually explicit or pornographic; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which contravenes any rules that we have created (including Facebook group rules); anything which we would consider inappropriate;  anything that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person; anything that may give the impression that it emanates from us or that you are connected with us or that we have endorsed your business; or anything which might bring us or our Platform into disrepute, including (without limitation):
  • to use our Platform or associated forums to defame, harass, threaten, menace or offend any person, or to post any content that defames, harasses, threatens, menaces or offends any person;
  • posting anything that is obscene, indecent, excessively violent, misleading, deceptive or fraudulent;
  • posting any material that is promotional material or advertising for commercial purposes or personal financial gain;
  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  • interfering with any other User using our Platform;
  • tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  • anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations; or
  • facilitating or assisting a third party to do any of the above acts.

We reserve the right to remove any posts in our forum, which we, in our sole discretion, deem to be inappropriate, or not in compliance with this clause.

Payment & Renewals

  1. Access to exclusive content is made available to you based on your payment of our membership fee (Membership Fee).
  2. Your Membership Fee will be capped at the price that is set at the time you become a Member.
  3. You agree that you must pay our Membership Fee to gain access to exclusive content and to join Play Squad . There are a number of ways you may choose to pay the Membership Fee, which are set out on the Platform. A discount may be offered if you choose to pay for 1 year of Membership upfront at our discretion.
  4. Any payments will be made through our third party payment processor or by any other payment method set out on the Platform.
  5. You will pay all sums due to us under these Terms and your Membership by the means specified without any set-off, deduction or counterclaim
  6. The Membership Fee for Members and any other charges applicable to the use of the Platform, such as any applicable taxes, will be charged on a recurring basis depending on the billing cycle period you have chosen, to your selected payment method on the calendar day corresponding to when you registered for an Account. By joining as a Member, you understand and agree that the payment method you specify when signing up will be automatically charged each month or other period (depending on your chosen payment period), unless you or we cancel your Membership in accordance with these Terms.
  7. You can cancel your Membership at any time by emailing a cancellation notice to our nominated email address at the foot of these Terms or by using any other method we advise you from time to time at our discretion. 
  8. Cancellation will take effect 7 days after notice is received.
  9. In some cases your payment date may change, for example if payment is unable to be processed or if your membership began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the membership fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonored.
  10. Please note that if you sign up to become a Member, then you cancel your membership in accordance with these Terms and you wish to sign up later, you may not be able to sign up at the same fee rate as your original or previous membership.
  11. Other than the limitations set out above Membership is non-refundable and non-transferable.

Security of your credit card

  1. Please note that credit card payments are not processed on a page controlled by us.
  2. Processing of your membership fee takes place on the third party payment processor (Third Party Payment Processer) connected to our Platform. Please note that we are bound by the terms and conditions of our Third Party Payment Processer that the Platform uses to take your payment.
  3. If you have concerns about the safety or otherwise of your card, the Platform and other Third Payment Processor terms should be read before you agree to the monthly membership direct debit from your card to ensure the details are being kept safely. While we will use our reasonable commercial endeavours to ensure the safety of any details we hold, we cannot directly control the details held by third party sites and will not be liable in this regard.

Storage of data

  1. You acknowledge the Platform is hosted on a third party platform. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
  2. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Platform. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
  3. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.

Cancellation

  1. If you pay your Membership Fee on a month-to-month basis, you must cancel your subscription (you can do this online) at least 7 business days before the Membership Fee is due to be paid for the following month, to allow your cancellation to be processed. If you do not cancel your subscription in this timeframe, your Membership Fee may still be deducted from your chosen payment account in the following month.
  2. If you have paid your Membership Fee upfront annually we do not refund any remaining period of membership until the expirty date.
  3. If you cancel your membership, your account will automatically close at the end of your current billing period. We will also remove you from the Facebook group.

Refunds 

We do not provide refunds for our Membership. All payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program. 

Termination

  1. We may terminate these Terms for our convenience at any time by giving you 7 days’ notice via email to the email address in your Account.
  2. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights or (ii) you fail to comply with acceptable standards of conduct on the Platform, Course Platform or associated social media forums.

 

Online Course Terms

Contract

When you, as purchaser of online course content (you or your) place an order (Order) via our Course Platform, you will receive an acknowledgement confirming receipt of your order. However, this acknowledgment will not constitute acceptance of your order. 

A contract will not be formed between us until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you by email or other form of digital download (Contract). In the case of audio, video or online course content hosted from our Course Platform, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party Course Platform used to host our Course Platform. 

You agree that you will not copy, reproduce, distribute or use the content other than as set out in this Contract and that you must not sell, transfer, lease, modify, distribute or publicly perform the content included as part of the Contract or provided to you by us. 

If you breach the Contract we reserve the right to terminate your license to use any purchased products. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other products we offer will be subject to another Contract.

Pricing 

We try and ensure that all details, descriptions and prices that appear on our Course Platform are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to notify you.

Payment 

If applicable, payments are to be made by the method you choose from our Course Platform. The payment method that you choose to use may be subject to additional terms and conditions that are imposed by the applicable third party payment processor. Where a third party payment processor is used, please review these terms and conditions before choosing and using your selected payment method. You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.

Our Online Course

Our online course is called “The Smile ConnectionTM” and is a 6 week program (Course). The Course is only open for purchase 14 days per year, however we may choose make it open for longer in the future at our sole discretion.

These Terms apply to the Course and any other online courses that we may provide in the future. We reserve the right to make changes to our online courses at any time without any notice and at our sole discretion.

Delivery of digital product 

The digital product and/ or course access on our Course Platform (which includes access to any relevant third party Course Platform) will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party Course Platform. You acknowledge and agree that any use of a third party Course Platform means you will be subject to the terms and conditions of that Course Platform as well as these online purchase terms and conditions. 

Refund policy

We provide a 14-day money back guarantee (14 Day Refund). To obtain your 14 Day Refund, you must email your refund request to [email protected] before the end of 14 days from the date your Course was purchased.

We will issue a refund once we have verified that your request was made within the 14 day period. Notwithstanding any other clause, all refunds are provided at our sole discretion and no refunds will be provided after the 14 Day Refund deadline.

Where we are required to provide a refund to you under Australian Consumer Law, you are also entitled to a replacement or refund for a major failure.

 

Indemnities and Limitation of Liability

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform and Course Platform or the Content including (without limitation) that:

 

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free and free from viruses; or
  3. our Platform and Course Platform will be secure.

Please note that we do not make any representations that on following any information provided on the Platform and Course Platform, that you will be able to achieve a certain number of follows or followers on your social media accounts, or boost your rankings on any advertising network account. Marketing is a competitive space and while our tips and information is designed to assist you, ultimately how you carry out your social media marketing policy is up to you and you are responsible for the execution of your strategy. We do not guarantee that you will be able to achieve a certain level of profit or social media following by using our materials.

You read, use, and act on our Platform and Course Platform and the Content at your own risk.

Limitation of liability

Despite anything to the contrary, to the maximum extent permitted by law:

 

  1. our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
  2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
  3. whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  4. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any: 
  • event or circumstance beyond our reasonable control;
  • acts or omissions of you or your personnel;
  • any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Course Platform;
  • use of the Course Platform and/or Content;
  • interaction you have with other Users whether in person or online;
  • any injury or loss to any person;
  • Content which is incorrect, incomplete or out-of-date; or
  • breach of these Terms or any law.

     5. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis,
except to the extent such terms, conditions and warranties are fully expressed in these Terms.

     6. This clause will survive the termination or expiry of these Terms.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or Course Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

 

General

Dispute

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution (Notice). 

Within 7 days after receiving the Notice, the parties must meet (this can be via phone, video conference or in person-in our sole discretion) at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. 

If, within 21 days after receiving the Notice, the parties involved do not resolve the Dispute or agree on an alternate method to resolve the Dispute then the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected. 

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire agreement

The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. 

Jurisdiction

The laws of Western Australia govern your use of our Platform, our Course Platform and these Terms.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform and Course Platform may be accessed throughout Australia and overseas.  We make no representation that our Course Platform complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Course Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Course Platform.

For any questions and notices, please contact us at:

Amy Cox (Trustee for the Playful Family Trust): ABN 92 419 560 140

Email: [email protected] 

Last update: 1 March 2021