The Membership Terms of Use Agreement describes your rights and responsibilities as a Happy Families School Member and in turn, what you can expect from us. By accessing or using the Services you agree to be bound by these Terms.
If you do not understand any of the terms of this Agreement, please contact us at schools@happyfamilies.com.au before using the Services.
Accepting the Terms
In order to access the Membership Services, you must agree to the Terms. If you do not accept the Terms, you may not use the Membership Services. Upon creating a membership with Happy Families, or by using your school’s unique membership URL in any way, you agree to be bound by these terms (the Terms), the Website Terms of Use, and the Happy Families Privacy Policy (see below for Website Terms of Use and the Happy Families Privacy Policy).
Changes to Terms
We reserve the right to change these Terms at any time. We may revise the Terms from time to time by updating this posting. The revised Terms will take effect when they are posted. By continuing to hold a Happy Families School Membership, you consent to be bound by the amended Terms of Use.
Membership Types
There are three main types of membership available:
- Plant
- Grow
- Bloom
Each tier has a reduced-price option for Small Schools (200 students or less). Prospective members must agree to provide the correct size of the school’s student enrolment base at the time of application and/or when requested.
Sale of Memberships
Unless otherwise stipulated by us, sale of membership is subject to the following conditions:
Acceptance
Purchase of a Membership is subject to acceptance of the Membership Terms of Use. Access to and use of the membership service is conditioned on acceptance of and compliance with these Terms.
Duration
Memberships are sold as a 12-month duration. You agree to pay the membership fees in full.
Currency
All Membership prices are quoted in Australian dollars and + GST.
Payment methods
Payment for Memberships can be made via credit card or invoice.
Refunds
By placing an online order for a Membership, the user is offering to make the purchase. Once a Membership application or renewal request is received by Happy Families, it cannot be withdrawn.
As Membership access is provided immediately upon registration, cancellations will not be granted, even if payment has not yet been processed.
Subject to a member’s statutory rights under Australian Consumer Law, Memberships are non-refundable. Member requests for refunds may be considered by Happy Families where special circumstances apply, such as an accidental duplication of an existing active Membership. Such requests must be submitted in writing to Happy Families. Any refunds of membership payments under special circumstances are at the sole discretion of Happy Families.
Eligibility
Memberships are available for individual schools only.
Multi–campus schools or early learning centres
Where schools or early learning centres conduct business on different campuses at least five kilometres apart with their own separate administration and the school or early learning centre is referred to by its campus name then each campus is required to have its own Membership.
School or early learning centre clusters
Memberships are available for clusters of small schools and early learning centres. A cluster is defined as separate schools or centres in a single Local Government Area (LGA), with either a maximum of 50 enrolments per school or centre or a combined total of 150 student enrolments. The schools or centres will have access to one Membership account.
International schools
Schools based outside of Australia are eligible to purchase a membership. Schools will be charged in Australian dollars and will not be charged GST.
Non-school organisations
Memberships will be considered for non-school organisations such as sporting clubs, activity groups and workplaces. Eligibility for Membership will be determined on an individual basis by the size and structure of the organisation. Applications should be made by emailing us at schools@happyfamilies.com.au, rather than by using the online application form for schools. If the club or organisation conducts business on multiple sites, each with its own administration then each site will be required its own Membership.
Access to your school’s unique and password-protected URL
Access to your school’s unique and password-protected URL is intended for use by your school staff and school parents only – it is not to be shared with anyone else to access. The URL has been designed in such a way that it makes it easy for staff and parents to access the resources.
If you are a school who delegates to other users to perform tasks in the Membership Portal on your behalf (such as accessing materials to produce a school newsletter), you must do so responsibly and appropriately. All users who have access to the school’s unique URL are bound by our Membership Terms & Conditions, Website Terms of Use (outlined below) and our Copyright and Reproduction Policy (outlined below).
If we find that you have failed to comply with these Membership Terms of Use, your access to our Membership, your school’s unique URL and associated resources may be restricted, suspended, or revoked.
Your school’s unique URL will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend your access to the website or the provision of the Site’s services and content, for maintenance, technical or other reasons.
Upgrading membership
A school can initiate an upgrade from a Plant or Grow tier to a Grow or Bloom tier respectively anytime within their 12-month membership duration. A pro-rata cost equal to the value of the number of days where the upgrade applies will be charged.
Downgrading membership
A school can initiate a downgrade from a Bloom or Grow tier to Grow or Plant tier respectively at the end of their 12-month membership duration. The downgrade will be administered at the time of renewal, and applied only to the new/subsequent 12-month membership.
Expiry of Membership
Upon expiry of membership, a school or organisation is no longer permitted to provide access to resources obtained from the school’s unique URL.
If we, as the copyright owner (or our agent) believe on reasonable grounds that there is infringing material located on your school’s website, communications or other publications, we may ask your school to remove or disable access to the material. If your school fails to comply then we reserve the right to send a takedown notice. Please see our Copyright & Reproduction Policy (outlined below) for more information.
Expiry of Membership does not release you from any liability or penalty you may have incurred arising from or in connection with your access or use of your school’s unique URL.
Content availability
We are pleased to be able to offer a wide range of exclusive content in your school’s unique URL for your school’s educational and learning needs, which we aim to regularly add to. The content will be updated, changed or removed from time to time, at our discretion, so we can’t guarantee that specific content will always be available in your URL.
Website Terms of Use
By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Happy Families Family Education (which includes www.happyfamilies.com.au, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Happy Families Family Education, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “[INSERT COMPANY TRADEMARKS]”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at Happy Families Family Education. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://happy-families.mykajabi.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. Neither the company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. the company does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. the company likewise does not warrant or make any representations or guarantees that you will earn any money using the site or the company’s technology or services. you accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals, the company cannot and does not warrant or make any representations or guarantees regarding your success or income level. the company does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. you assume all responsibility for the cost of all necessary repairs or corrections. the company shall not be responsible for any performance or service problems caused by any third party website or third party service provider. any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. The company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, stripe payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. the company also reserves the right to limit your use of the site and/or the content or to terminate your account should the company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the company. The company reserves the right to refuse access to the site and/or the company’s content, products and/or services to anyone in its sole discretion. the company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. The company may, in its sole discretion, refund the initial fee charged for any use of the site and/or any content or a pro-rata portion thereof consistent with the company’s refund policy. The company shall refuse any refund thirty (30) days after your payment for use of the site and/or any content, either pursuant to the company’s customer license agreement or otherwise, regardless of the reason for disruption.
11. In no event shall the company be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, Regardless of theory of liability. This limitation will apply even if the company has been advised or is aware of the possibility of such damages.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of Queensland, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Queensland, Australia. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Privacy Policy
We recognise the importance of your privacy and are committed to protecting it in accordance with all applicable laws. We recognise that it is our responsibility to protect your privacy and to inform you of our information collection practices. For the purposes of this Privacy Policy, the word “you” includes Members and other Users of Happy Families Services. This Privacy Policy is to be read in conjunction with the Happy Families Website Terms of Use.
Information we collect
The type of information that Happy Families collects and holds will depend on the nature of your involvement with us.
Aggregated Information
Happy Families collects non-personal information in aggregate form to track data such as (but not limited to), the total number of visits to our Service, the number of visits to specific areas of our Service, the sources of referral to our Service, and devices used to access our Service.
We use ‘cookies’ in our website systems. You are able to disable cookies via your computer’s web browser however this may restrict access to some web pages and services within the Happy Families website.
We use aggregated information (which remains in aggregate form) to understand how our visitors use our Service so that we can constantly improve and enhance our services. We may also share this information with our partners where such information will benefit any collaborative purpose.
Personal Information
No private information is collected and we do not store individual user information.
Payment Information
When you register for an Event, apply for Membership or purchase resources online, Secure Sockets Layer (SSL) technology will ensure your information is protected. SSL encrypts all information you input before it is sent to us. Furthermore, all of the information we collect online is protected against unauthorised access.
Contact Us
We welcome your questions and comments about privacy. If you have any questions about this Privacy Policy, please email us at info@happyfamilies.com.au.
Copyright & Reproduction
The contents of this website are protected by copyright law
Copyright in this material resides with the Commonwealth of Australia. Not separate to our protection under Copyright Law, below is a guide to how content on the happyfamilies.com.au website can be reproduced.
Dr Justin Coulson’s articles
Content from Dr Justin Coulson’s articles can be reproduced in full in electronic/digital or print format, as long as the author’s name is acknowledged and attributed as the creator of the work, and that the Happy Families website is listed as the source of the article. Where content from Justin’s articles is shared/published electronically on an independent website, a link to the Happy Families website must be provided. Where content from the articles is used in print form, the Happy Families website URL must also be provided. The URL to display is www.happyfamilies.com.au
Insights articles
Insights articles are provided to schools who hold an active Happy Families School Membership. This includes schools with an active Plant, Grow or Bloom membership. Insights articles can be downloaded as a PDF or text only file and shared on the school’s website, newsletter communications, school apps, professional development program or through the parent network such as handouts at meetings. This permission is granted by Happy Families solely for schools with an active membership. This permission does not extend to include a direct upload of the PDF or its contents to a Facebook page or other social media channel. Schools can, however, upload an Insights article to their website and provide a link to it via a Facebook post. Once a school’s membership has expired, the school no longer has permission to publish, transmit, reproduce or transmit any Insights article. Any historical inclusion on a school’s website or communications needs to be removed and not used again in future, except in the case of membership reactivation. As Copyright Owners, Happy Families reserves the right to request and enforce removal.
Webinars for Educators
Any webinars on the Happy Families Schools website are intended for personal use/professional development only. No parts of the webinars may be reproduced, distributed, or transmitted in any form (in part or whole) or by any means, including website publication, social media, email, photocopying, screen recording, or other electronic or mechanical methods. They can however be broadcast in a team-based professional learning environment at the school with an active Grow or Bloom membership. This permission is granted by Happy Families solely for schools with an active Grow or Bloom membership. Once a school’s membership has expired, the school no longer has permission to publish, transmit, reproduce or transmit any educator webinar or use it in team-based professional learning. Any historical inclusion on a school’s website or communications needs to be removed and not used again in future, except in the case of membership reactivation. Happy Familiess reserves the right to request and enforce removal.
Webinars for Parents
Any webinars parents have access to as part of their School Membership are intended for personal use only. No parts of the webinars may be reproduced, distributed, or transmitted in any form (in part or whole) or by any means, including website publication, social media, email, photocopying, screen recording, or other electronic or mechanical methods. Any reproduction in commercial, not-for-profit or academic organisations is expressly forbidden. They can however be broadcast in a school-based environment at schools with active Grow or Bloom memberships in the context of a parent evening or similar. This permission is granted by Happy Families solely for schools with an active Grow or Bloom membership.
Enquiries
For all requests and enquiries concerning reproduction and rights please email us at schools@happyfamilies.com.au. If you have any other questions or concerns, please take a look at our FAQ’s page.