By purchasing and/or participating in the Wildkids Australia Online Membership (hereafter “WKA membership”), you are agreeing to the following terms. Please read this Agreement carefully before purchasing, accessing or using Wildkids Australia proprietary materials which includes any written, audio or visual presentations or documents associated with WKA membership or WKA websites.
If you do not understand or do not accept this agreement, please do not purchase this program/membership and do not access any of Wildkids Australia's proprietary materials.
Overview
The terms “business”, “we”, “us”, and “our” refer to Wildkids Australia. The term “Site” refers to wildkidsaustralia.com.au and/or wildkids/vipmembervault.com and/or Wildkids Online. The term “Client”, “user,” “you” and “your” refers to clients, client team members (including employees, contractors and other representatives of client and client’s Wildkids Australia) and any other users of the site. The terms “Service”, ‘Membership” and “Program” refer to the services included in WKA membership as outlined below.
Use of the Service, including all information and educational materials presented herein by Wildkids Australia, is subject to the following terms and conditions. These Terms and Conditions apply to all clients, and all other users of the site. By purchasing the program and/or using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
In these terms use of services means:
(a) Visiting, browsing, accessing, downloading or otherwise using any part of the site or any of its content, information, material, products, services, resources, benefits or features (‘Free Content’); and/or
(b) Registering for membership, subscribing, selecting, ordering, clicking ‘I agree’, making payment and purchasing WKA content, information, material, products, services, resources, benefits or features offered for sale on the site (‘Member Content’).
Agreement to these terms
These Terms form a binding contractual agreement between you and Wildkids Australia. For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use this Website. You can contact us at wildkidsaustralia@gmail.com
2.3 By using any part of the site, you acknowledge and agree that you have read, understood and accept to be bound by these Terms and our Privacy Policy here. If you do not agree to these Terms or our Privacy Policy, you must immediately stop using the site.
1. Scope of Services
(a) WKA membership includes the following services:
Monthly lesson plans, instructional videos, resources, printables, templates;
In-person visits (where in-person visit product is also purchased);
Access to a private Facebook group with the Wildkids Australia Team and fellow WKA members;
Access to WKA materials on the Site including, but not limited to, the monthly lesson plans and supporting resources.
The WKA membership services outlined above are hereafter referred to as “the Services” or “Program.”
(b) The Services may only be accessed while you are a current paying member of the membership program. Content is subject to different fees depending on products purchased and accessed.
(c) Any additional services provided by Wildkids Australia to Client may require additional fees to be discussed and agreed upon by the parties.
2. Member Conduct
Members may post their content to our site through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Wildkids Australia is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Wildkids Australia will submit all necessary information to relevant authorities.
If any Member Content is reported to Wildkids Australia as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by us. If the Member fails to meet such a request,
Wildkids Australia has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with The Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable Links directly or indirectly to any materials to which you do not have a right to link
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In the sole judgment of Wildkids Australia is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Wildkids Australia, our affiliates, or our Users to any harm or liability of any type.
Use our Content to:
Develop a competing website
Create compilations or derivative works as defined under United States copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
3. Member/Client Duties
(a) Compensation: In consideration for the Services provided by us to you as set forth in paragraph 1 above, you agree to pay us the current program fee at the time of joining as a one lump sum payment for 12 months of access or in monthly payments. If you pay for 12 months in advance, you agree that you will automatically continue to be charged on a month-to-month basis after the first 12 months until you cancel. You understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in paragraph (b).
(b) Late payment fee. If any fee outlined in paragraph (a) remains unpaid on the 7th day following its due date, a penalty fee of ten percent (10%) of the payment due will be assessed. We reserve the right to restrict your access to the Services, or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full. If your Program fees remain unpaid 60 days after the initial due date, your account will be referred to our collections agency.
(c) Payment Security and Chargebacks. To the extent that Client provides Wildkids Australia with Credit Card(s) information for payment on Client’s account, Wildkids Australia shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth. If client uses a multiple-payment plan to make payments to Wildkids Australia, Wildkids Australia shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Wildkids Australia’s account or cancel the credit card that is provided as security without Wildkids Australia’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Wildkids Australia without notifying Wildkids Australia in advance.
(d) Tools to be Provided by You. You agree to provide all tools, information and documentation that may be required by us to effectively perform said responsibilities in connection with the Services.
(e) You understand that your success in utilising content provided on the site is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies indicated throughout the Service. You are responsible for requesting support from us, if needed.
(f) By proceeding to register for a Member Account:
(i) You warrant and represent:
1. You are over 18 years of age;
2. You have the right, authority and full legal capacity to enter these Terms;
3. You have read, understood and accept these Terms and you agree to be bound by them;
4. If you are registering on behalf of a preschool/childcare centre or similar as a preschool/childcare centre or similar Member, that preschool/childcare centre or similar has taken to have accepted these Terms and you are taken to have been duly authorised to bind the preschool/childcare centre or similar.
4. Term
The term of this Agreement shall begin on the date of first payment for the Services or January 1st, 2021, whichever is later, and continue until you or we terminate your membership.
5. Cancellation and Refunds
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You may cancel your membership in the Program for any reason with 90 days notice. You will continue to be charged the monthly fees and continue to have access to the Program until the 30-day notice period is complete. No refunds are allowed under any circumstances. Your initial membership payment is non-refundable. To cancel your membership, contact wildkidsaustralia@gmail.com.
6. No Guarantees
We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in Paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.
7. Confidentiality
(a) Client Information: Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Wildkids Australia in the strictest confidence and not disclosed to third parties or used by Wildkids Australia for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Wildkids Australia, (b) was in Wildkids Australia’s possession prior to receipt from the disclosure, (c) is received by Wildkids Australia independently from a third party free to disclose such information, or (d) is independently developed by Wildkids Australia without use of the Client’s Confidential Information.
(b) Participant Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow participants in the Program (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(c) Wildkids Australia Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by Wildkids Australia in the Program. Any Confidential Information shared by Wildkids Australia, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Wildkids Australia. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Wildkids Australia’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(d) Non-Disparagement: Client shall, during and after the participation in the Program refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Wildkids Australia, or any of Wildkids Australia’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
(e) Violations of Confidentiality: Client agrees that if Client violates or displays any likelihood of violating this paragraph 7 the Wildkids Australia and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
8. Independent Contractors
(a) Independent Contractor Relationship: These Terms and Conditions shall not render Wildkids Australia an employee, partner, agent of, or joint venturer with the Client for any purpose. Wildkids Australia is and will remain an independent contractor in its relationship to the Client. Wildkids Australia is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Wildkids Australia shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Wildkids Australia shall be responsible to the ownership and management of the Client, but Wildkids Australia will not be required to follow or establish a regular or daily work schedule. Wildkids Australia will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to these Terms and Conditions. Any advice given to Wildkids Australia regarding services performed for the Client shall be considered a suggestion only, not an instruction. Wildkids Australia and Client agree to conform to any and all tax related tests necessary to establish and demonstrate the independent contractor relationship between Client and Wildkids Australia.
(b) Taxes & Benefits: Wildkids Australia will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Wildkids Australia’s compensation. Wildkids Australia shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.
9. Ownership of Intellectual Property
Client agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Wildkids Australia and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Wildkids Australia retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Wildkids Australia grants Client a license to use the Intellectual Property solely for Client’s own non-commercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Wildkids Australia’s Intellectual Property or that in any way violate Wildkids Australia’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Wildkids Australia. Client may not use such trademarks or service marks for any purpose except with written permission by Wildkids Australia.
10. Warranties
(a) Wildkids Australia’s Warranties: Wildkids Australia represents, warrants and covenants that, Wildkids Australia has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Wildkids Australia or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
11. Limitation of Liability
(a) IN NO EVENT SHALL Wildkids Australia HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL Wildkids Australia’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 11 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 7, 9 AND 19.
12. Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
13. Entire Agreement; Modification; Waiver
These Terms constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
14. Neutral Construction
These Terms and Conditions were prepared by Wildkids Australia and/or Wildkids Australia’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Wildkids Australia merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.
15. Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
16. Assignment
These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly-owned subsidiary entity of Client. No such assignment by Client to its wholly-owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.
17. Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Wildkids Australia
PO Box 309
North Turramurra
NSW 2074
To Client at Client’s address provided at the time of purchase.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.
legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
18. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You acknowledge and agree that the courts of New South Wales have exclusive jurisdiction to settle any claim or dispute which may arise out of or in relation to this Website or these Terms.
19. Arbitration
Any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including any question regarding its existence, validity, or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
20. Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Questions about these Terms and Conditions? Email us wildkidsaustralia@gmail.com
Updated: January 2021