Membership Terms and Conditions

  1. The Social and Emotional Program (‘SEL Program’) is provided by Kindness Factory Australia Limited (‘Kindness Factory’) to primary schools in Australia who accept these Membership Terms and Conditions (‘Member Schools’).
  2. Member Schools will receive full access to the SEL Program and all corresponding materials, as updated from time to time, (‘SEL Materials’) for the duration of their membership.
  3. Membership fees of $990 per calendar year are payable to obtain and retain the yearly membership. The Kindness Factory will provide a tax invoice to the member School for this fee.
  4. The SEL Program and SEL Materials are intended to be used only: (i) for educational purposes; (ii) by Member Schools and their staff; and (iii) in Australia. The SEL Program does not, and is not intended to, comprise therapeutic or medical advice and it should not be relied upon as therapeutic or medical advice.
  5. All SEL Materials provided as part of the SEL Program remain the intellectual property of Kindness Factory or its licensors. Subject to these Membership Terms and Conditions, Kindness Factory grants each Member School a non-exclusive and non-transferrable licence to use the SEL Materials solely for the purpose of delivering educational programs to its students.
  6. Kindness Factory warrants that it: (i) owns the intellectual property rights in Kindness Factory trade marks; and (ii) has all necessary rights, licences, approvals and consents to grant the licence in the SEL Materials to Member Schools under these Membership Terms and Conditions. The Member School accepts the SEL Materials ‘as is’ and Kindness Factory does not give any other warranties and except to the extent precluded by law all implied warranties and duties are excluded.
  7. To the fullest extent permitted by law, Kindness Factory excludes and does not accept any liability for damages or loss incurred or suffered by a Member School or its staff, arising in relation to a Member School participating in the SEL Program or its use of the SEL Materials, and in any event Kindness Factory’s total liability is limited to membership fees paid by a Member School in the 12 months prior to the loss or damage first arising. Kindness Factory will have no liability for any indirect or consequential loss (including loss of profits, business, data, enrolments or goodwill) or damage arising out of or in connection with the SEL Program. Liability is not excluded or limited by Kindness Factory in relation to any third party claim for intellectual property rights infringement.
  8. To end its membership the Member School can simply choose to not pay a subsequent annual membership fee.
  9. On expiry or termination of its membership the Member School’s access to the SEL Program will be removed and the Member School should cease to use the SEL Materials (in whole or in part and in any form, hardcopy or otherwise).
  10. The Membership Terms and Conditions are governed by the laws of New South Wales, Australia.
  11. Nothing in these Membership Terms and Conditions is intended to create a partnership, joint venture, or agency relationship between Kindness Factory and the Member School or its staff. Kindness Factory and the Member School is entering into this agreement only as independent contractors.
  12. These Membership Terms and Conditions comprise the entire agreement governing its subject matter and supersedes and previous understanding or agreement on that subject matter.