These Terms and Conditions govern the terms on which Kalibrate Pty Ltd ACN 637 259557 (“Kalibrate-Ed”,“ we”, “us”, “our”) and the parent or legal guardian(s) (“Client”, “you”, “your”) of a child receiving our services (“child”).
How We Work With You and Your Child
1. We will ask for information about your child and develop a strategy based on your child’s needs and provide a proposal to you for one of our consultants to work with your child according to the strategy developed by us. From time to time we also hold events.
2. We aren’t medical professionals, and we don’t diagnose. At times, our consultant or we might share observations and anecdotes with you but this does not replace medical advice.
3. It’s your responsibility to give us all relevant information so we can be fully briefed. We custom tailor a strategy to your child’s unique learning profile, so the success of the strategy for your child depends on how good the info is. We rely on you to keep us updated, for example with any psychology reports, school reports, etc.
4. If there are medical conditions, court proceedings or other orders in place, you need to provide this information to us.
5. You must inform us when you feel the needs of your child change.
6. We will always act in the interests of child. We and/or our consultants may be bound to report any behaviour which may be indicative of risk of harm to your child or other persons.
7. The success of the strategy and its execution requires a commitment from both you and your child. If we make recommendations and build strategies for your child, and you are not committed to implementing and executing, we can not help you achieve your child’s goals or desired outcomes.
8. If you have any issues, questions or grievance, please let us know. We always like to like to work it out and deal with this confidentially.
9. Please pay our fees on time so we can focus on what we do best for your child.
10. We will require a minimum of 24 hours notice of any cancellation or request to reschedule. If this notice is not given the session will be forfeited.
11. There is no guarantee we can reschedule a booking.
12. We encourage you to book as early as you can. We allocate on a first in best dressed’ priority basis.
13. Booking our consultants time and not using it may be seen as ‘SessionSquatting’ which we do not allow in any circumstances.
14. We do not have any ‘lock in contracts. We do ask that you provide as much notice as possible if you wish to terminate our services, and in accordance with your Memorandum of Understanding (MoU).
Intellectual Property
16. You cannot use our intellectual property for your own purposes other than for the purposes of assisting us to deliver the services to your child.
17. You permit us to capture and use any images through photography or videography of your child from sessions held by us or a consultant.
18. If you are concerned about your child’s image being published then you may specifically request us to blur your child’s image in photographs or videos.
19. We may use the photographs and or videos in publications or other media material produced for print or digital marketing platforms contracted by Kalibrate-Ed including but not limited to newspapers, magazines, books, websites, brochures, blogs and social media (Facebook, Google+, LinkedIn, Twitter etc.).
Events
20. Any participant attending our events who does not wish to have their image used for distribution must notify the photographer and or videographer or us at the email hello@kalibrate-ed.com.au in writing.
21. We reserve the right to video and or audio record sessions for quality assurance and training and development purposes.
22. We reserve the right to cancel, postpone, re-schedule sessions or change venues or substitute facilitators at its discretion.
Marketing & Case Studies
23. You give permission for Kalibrate-Ed and its agents to use‘CapturedMaterial’ofyou and/or your child/children (including video, quotes and photography). This information may include names, school, grade, suburb, results and university course.
24. The Captured Material may undergo processing, editing or ad]aptation for publication.
25. You authorize Kalibrate-Ed to publish the Captured Material on any media platform. You acknowledge that the testimonial may be distributed to the public and that you are not entitled to compensation or royalties.
26. You understand that any Captured Materials and its derivative products become the property of Kalibrate-Ed.
27. You agree to waive and release Kalibrate-Ed and their agents from all claims for damages of any kind based on the use of the Captured Materials.
General
28. Fees. We will provide a tax invoice to you for the Fee set out in the proposal plus GST (“Fees”). We shall be entitled to charge interest at the rate of 12% p.a. calculated daily on any overdue Fees. The Fees may be reviewed by us if the scope of the project changes and you will be given notice of any increase in the Fees.
29. Assistance. You should give us and our consultants all assistance reasonably requested of you to enable us to carry out the services
30. Confidentiality. Each party shall treat as confidential all information which comes into its possession, pursuant to or as a result of or in the performance of this Agreement, whether such information relates to the business, sales, marketing or technical operations of the other party or the clientele of the other party or otherwise. Neither party shall, without the written permission of the other, disclose such confidential information to a third party.
31. Media. Neither you nor we will comment upon any aspect of the services, each other, the child to the media without the other person’s approval.
32. Warranties. Except as set out here in all implied conditions, warranties and rights are excluded from this Agreement. Where the Competition and Consumer Act 2010or other laws imply conditions or warranties or give other rights in respect of this Agreement, our liability for any breach of such a condition, warranty or right will (but only to the extent permitted by law) be limited:
a. in the case of goods supplied, to the replacement or repair of the goods or the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or of acquiring equivalent goods;
b. in the case of services supplied, to the supplying of the services again or the payment of the reasonable cost of having the services supplied again.
33. Liability. We will not be liable to you or any persons claiming via your contract, tort or otherwise for or in respect of any direct, indirect, or consequential loss, damage, expense or injury suffered by you or any other person arising out of or relating to this Agreement or any delay, non-performance or error in information supplied to you by us in connection with this Agreement or any services provided. Without limiting the foregoing, we shall have no liability for circumstances beyond our control, including without limitation fire, theft, strike, lockout, force majeure, act of god, or act of terror.
34. Termination. If our services are terminated for any reason you shall immediately pay to us any part of the fees which has accrued prior to the termination but has not been paid, including works performed but not yet invoiced. Upon payment we shall deliver to you all content, plans, strategies, books, records, plans, papers, models and information of any kind relating to the Services which are the property of you.