Terms & Conditions Of Service
1. DEFINITIONS
The following expressions used in these Terms and Conditions have the following meaning, unless the context clearly
requires otherwise:
a) Claim means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person or company, however arising and whether ascertained or unascertained, or immediate, future or contingent;
b) Contract means any Proposal accepted by you;
c) Client (you / your) means the person or entity specified as “Client” on a Proposal, or related entities of the Client including any authorised staff, teachers, or representatives of the organisation engaging Medi Ready Kids;
d) Debt means any and all moneys due and owing by you to Medi Ready Kids whether in relation to one or more
Contracts and includes, without limitation, any Overdue Amounts;
e) Fees means the fees payable by you to Medi Ready Kids for the Services provided pursuant to a Proposal;
f) Goods includes any guides, educational materials, information packs, resources, or other written, visual, or digital content created or supplied by Medi Ready Kids for the purpose of supporting parents, schools, or kindergartens to prepare children for medical procedures, and any related documentation, improvements, or updates for educational purposes only;
g) IP means all intellectual and industrial property rights (such as copyright and related Rights), all Rights in relation to inventions (including patents and patent Rights), all registered and unregistered trade-marks, all Rights relating to registered designs, and all other Rights resulting from intellectual activity in the artistic, literary or scientific fields excluding any moral attribution Rights;
h) Medi Ready Kids means Jessica Vera Tascone trading as Medi Ready Kids ABN 80 516 285 198 and includes any related entities, officers, employees, agents, or contractors;
i) Obligation means any express or implied legal, equitable, contractual, statutory or other obligation, promise, agreement, covenant, commitment, duty, undertaking or liability;
j) Proposal means any verbal or written communication made by Medi Ready Kids (or any person on behalf of Medi Ready Kids) to you for the supply of Services to you, which includes via Services advertised on our website, online booking services, quotation, subscription arrangement, direct messaging or social media;
k) Overdue Amount means any amount of money that remains unpaid after the due date on an invoice provided to you pursuant to a Proposal you have accepted has passed;
l) Parties means you and Medi Ready Kids;
m) Personal Information has the definition attributed to it under the Privacy Act 1988 (Cth);
n) Rights means any legal, equitable, contractual, statutory or proprietary right, chose in action, power, authority, benefit, privilege, remedy, or discretion;
o) Services means the delivery of educational workshops, consultations, assessments, seminars, programs and one- on-one parent guidance sessions designed to assist children, parents, carers, educators and staff in preparing for medical or healthcare procedures. Services may be delivered in person or online, including via video conferencing platforms such as Zoom, and may include facilitation, presentation, consultation or guidance provided within homes, offices, schools, kindergartens, healthcare settings or other community environments. Services may also include the development and provision of supporting materials including printed resources, cards, toolkits, workbooks, digital resources, summaries of consultations or follow up educational materials provided after a session; and
p) Terms and Conditions means the Terms and Conditions set out in this document.
2. GENERAL
When you enter into a Contract with Medi Ready Kids you agree that:
a) you have read and understood these Terms and Conditions and you agree to be bound by them;
q) these Terms and Conditions apply to every transaction for the supply of Goods or Services Medi Ready Kids provides to you;
r) Medi Ready Kids may update their Terms and Conditions from time to time, and will only require your agreement in writing if it materially affects you;
s) each party will be and act as an independent contractor and not as an agent or partner of, or joint venturer with, the other party for any purpose related to the Contract or the transactions contemplated by any Contract, and you do not have any Rights, power or authority to act or create any Obligation, express or implied, on behalf of Medi Ready Kids;
b) Medi Ready Kids may subcontract any and all of its Rights and Obligations under any Contract.
3. PROPOSALS TO SUPPLY
a) Medi Ready Kids will provide you with a Proposal which may be delivered in writing, advertised on our website, linktree, social media or via email.
b) You acknowledge that by agreeing to our Proposal, you are agreeing to be bound by these Terms and Conditions.
c) You may accept a Proposal by:
(i) written notice to Medi Ready Kids;
(ii) making payment via the website or other online platform;
(iii) verbally communicating your acceptance to Medi Ready Kids personnel;
(iv) Acceptance via online booking or payment constitutes acceptance of both the Proposal and these Terms and
Conditions; or
(v) allowing (through act or omission) Medi Ready Kids to provide Services to you.
d) Once this Proposal has been accepted, the Client may request or confirm additional or future Services by email or other written communication, and those Services will be provided on the same terms and conditions set out in this
Agreement, unless otherwise agreed in writing.
4. ENTIRE AGREEMENT
a) These Terms and Conditions and the terms of any approved Proposal are the only terms that apply to the Contract.
b) You fully indemnify and hold Medi Ready Kids harmless from any Claim based on terms and conditions outside of these Terms and Conditions.
5. TERM
Each Contract will remain in force until varied in writing by agreement of the Parties.
6. OWNERSHIP OF INTELLECTUAL PROPERTY
a) All intellectual property, including but not limited to templates, standard operating procedures, workflows, checklists, educational resources, workshop materials, presentations, communications, digital assets, and related materials created, developed, or conceived by Medi Ready Kids in the course of delivering the Services will remain the sole property of Medi Ready Kids.
b) Upon full payment of all fees due, Medi Ready Kids grants the Client a non-exclusive, non-transferable licence to use such materials solely for the Client’s internal purposes and only for the purpose for which they were supplied.
c) The Client must not reproduce, distribute, adapt, resell, or otherwise exploit any materials created by Medi Ready Kids without prior written consent.
d) Medi Ready Kids retains the right to modify, reuse, and provide any of its materials, methods, or frameworks to other clients and in future programs, workshops, or publications.
7. INSURANCE
You must maintain Public Liability insurance to a minimum of $20 million for each instance that covers Medi Ready Kids and its servants, agents and employees in the event they are required to attend any site or premises occupied (or controlled) by you. You agree to indemnify Medi Ready Kids against any Claims resulting in our attendance at any site premises occupied (or controlled) by you.
8. NO REPRESENTATIONS
You acknowledge that no employee, agent, representative or affiliate of Medi Ready Kids has authority to bind Medi Ready Kids to any oral representations or warranty concerning the Goods or Services. You agree that any written representation or warranty not expressly contained in these Terms and Conditions is unenforceable.
9. NOT HEALTH OR MEDICAL ADVICE
a) Medi Ready Kids provides educational information, workshops, and resources designed to assist children, parents, and educators in understanding and preparing for medical or healthcare procedures.
b) All information, guidance, and materials provided by Medi Ready Kids are of a general educational and informational nature only and are not intended to constitute medical, health, or professional advice.
c) Medi Ready Kids does not diagnose, treat, or provide recommendations for any medical or psychological condition, and nothing in the Services should be relied upon as a substitute for consultation with qualified medical or healthcare professionals.
d) The Client and any participants acknowledge that they are responsible for their own medical and health decisions and agree to seek independent professional advice where appropriate.
e) Medi Ready Kids accepts no liability for any reliance placed on the information or materials provided through its Services, workshops, or programs.
f) The Services are provided for educational support only and should not be relied upon in place of professional medical or psychological care.
g) Parent consultation sessions are provided for educational guidance only and do not constitute medical, psychological, therapeutic or clinical advice. Clients must seek advice from appropriately qualified healthcare professionals regarding diagnosis, treatment or medical decisions relating to their child.
10. CLIENT’S DUTIES AND RESPONSIBILITIES
a) The Client must, at its own cost, provide Medi Ready Kids with all information, documentation, records, and other materials reasonably required for the performance of the Services, in a timely manner. The Client is responsible for the accuracy and completeness of such information.
b) Where Services are delivered in person, the Client must ensure that appropriate facilities, equipment, and access are available for Medi Ready Kids to safely deliver the workshops or sessions. This may include classroom or hall space, seating, audiovisual equipment, and any reasonable amenities required for the delivery of the Services.
c) Where Services are delivered online, the Client must ensure that its technology, platforms, and internet connection are suitable for participation, and that attendees have the necessary access to join the session.
d) Without limiting the above, the Client agrees to:
i. provide accurate and timely instructions, schedules, and approvals reasonably required by Medi Ready Kids to perform the Services;
ii. ensure all participants, staff, or attendees act respectfully and follow any guidelines communicated by Medi Ready Kids;
iii. respond to communications and requests for feedback within a reasonable timeframe;
iv. ensure that any environment in which Medi Ready Kids delivers Services meets appropriate health, safety, and child-safety standards;
v. remain responsible for all decisions and outcomes arising from the Client’s use or non-use of the materials or information provided by Medi Ready Kids; and
vi. acknowledge that delays, failure to provide information, or lack of cooperation may impact the timely delivery or effectiveness of the Services, for which Medi Ready Kids will not be liable.
11. DIRECT DEBIT
a) Medi Ready Kids may require you to pay the fees specified in a Proposal by way of direct debit. In such cases, you authorise Medi Ready Kids to debit the fee specified in the Proposal from your nominated account.
b) You acknowledge and agree that direct debit payments are managed on behalf of us by a third party.
12. FEES AND PAYMENTS
a) All Services provided by Medi Ready Kids are subject to the payment of fees as set out in the relevant proposal, booking confirmation, or invoice, whether issued in connection with the initial Services or any future Services requested under this Agreement.
b) By entering into this Agreement, you agree to pay all fees specified in any proposal, booking confirmation, invoice, or written correspondence issued by Medi Ready Kids in accordance with the payment terms stated on the invoice and within the timeframes required under this clause.
c) If you fail to make payment in accordance with this clause, Medi Ready Kids may, without liability:
i. suspend or cancel the booking;
ii. withhold delivery of any Services or materials; and
iii. retain any amounts paid as a reasonable estimate of loss resulting from the cancellation or non payment.
Any unpaid portion of a fee becomes an Overdue Amount.
d) You do not have any right to set off any amount against a Debt or Overdue Amount. Any claim you may have against Medi Ready Kids must be pursued separately and does not affect your obligation to pay fees under this Agreement.
e) Medi Ready Kids may charge interest on any Overdue Amount at a rate of four percent (4%) per month, calculated daily and compounded monthly, until paid in full.
f) If additional Services, assessments, materials, or customisation are required beyond the scope of the original proposal, Medi Ready Kids will provide written notice and, where required, an updated proposal or invoice for your approval and payment before undertaking the additional Services.
13. CANCELLATION OF BOOKED DATE (if applicable)
a) For individual parent consultation sessions, a minimum of twenty four (24) hours written notice is required to reschedule a session. Where less than twenty four (24) hours notice is provided, the full session fee will be forfeited unless Medi Ready Kids agrees otherwise in its sole discretion.
b) Medi Ready Kids may, at its sole discretion, agree to transfer the booking to an alternative date if availability permits.
c) In the event that Medi Ready Kids must cancel or reschedule due to unforeseen circumstances, the Client will be offered the choice of a full refund or transfer of the booking to a mutually agreed alternative date.
d) Medi Ready Kids is not responsible for any costs incurred by the Client as a result of cancellation, postponement, or rescheduling, including travel, accommodation, or venue expenses.
14. PARENT CONSULTATION SESSIONS
a) Parent consultation sessions are individual guidance sessions provided to parents or carers for the purpose of discussing and preparing for medical or healthcare procedures involving their child.
b) Parent consultation sessions are delivered online via video conferencing platforms such as Zoom unless otherwise agreed in writing.
c) All parent consultation sessions must be booked through the Medi Ready Kids website or online booking platform and must be paid in full at the time of booking unless otherwise agreed in writing.
d) The Client must ensure they have suitable internet access, technology and a private environment to participate in the session.
e) Where appropriate, Medi Ready Kids may provide follow up notes, summaries or educational resources after a consultation session.
f) Any notes, summaries or materials provided following a consultation are for general educational purposes only.
g) Sessions must not be recorded, reproduced or distributed without the prior written consent of Medi Ready Kids.
15. PRIVACY
a) From when you contact us, we will collect Personal Information about you, including information relating to your business and finances. Your Personal Information may be:
(i) transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia; and
(ii) disclosed to and used by other third-party contractors or persons, to allow you access to our Services.
b) By signing this Agreement, you consent to us collecting, using, disclosing, and dealing with your Personal Information in accordance with this clause. You consent to the transfer and storage of your Personal Information outside Australia, and the disclosure and use of your Personal Information to third-party providers inside and outside Australia.
c) You must tell us promptly if you change your contact or payment details or if there is a change to other relevant Personal Information.
16. OUR PROMISE TO YOU
Medi Ready Kids is passionate about providing Service that is of high quality and high professional standard. If at any point you are not completely satisfied with the Service we have provided, we encourage you to bring this to our immediate attention. We will then, appropriately address your concerns.
17. DISPUTE RESOLUTION
If you consider there is a genuine dispute between the Parties regarding any aspect of a Contract, you must give Medi Ready Kids notice in writing setting out the full details of the dispute (Dispute Notice) before seeking arbitration or commencing other legal proceedings. The Parties agree to take the following steps to resolve the dispute:
a) for a period of 14 days after a Dispute Notice is given (or a longer period if the Parties agree in writing), the Parties will engage in negotiations and discussions in order to seek to resolve the dispute;
b) the Parties must participate in the negotiations and discussions and use all reasonable endeavours to resolve the dispute. The Parties may also appoint third party consultants to assist in the resolution of the dispute;
c) if the Parties cannot resolve the dispute within the period stated in paragraph (a), the dispute may be referred to –
(i) mediation provided that both parties agree to refer the matter to mediation and agree to the appointment of a particular mediator; or
(ii) a court of competent jurisdiction or an adjudicator with jurisdiction to determine the dispute, such referral being made by either of the Parties.
18. ILLEGALITY AND SEVERABILITY
So far as possible a Contract will be construed so as not to be invalid, illegal or unenforceable but if any provision is deemed by a court of competent jurisdiction to be illegal, invalid or unenforceable:
a) that provision will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable and in such manner as may be reasonable in all the circumstances so as to give it a valid operation of a partial character; or
b) if the provision or part of it cannot be read down in a manner that will give it a valid operation, then the provision or relevant part will be deemed to be void and severable and the remaining provisions of this document will not in any way be affected or impaired.
19. OUTSOURCED SERVICES
We may engage third parties to provide the best possible Service. You agree to us utilising such third parties to provide Goods or Services to you.
20. JURISDICTION
You agree that the laws of Victoria apply to a Contract regardless of your business, residential location, the location nominated for delivery of any Goods, the address for the supply of Services or any other factor.
21. ELECTRONIC COMMUNICATION
You agree that we will communicate with each other by electronic means such as e-mail or SMS. You recognise e-mail and the internet are inherently insecure and that emails and data can become corrupted, are not always delivered promptly (or at all) and that other methods of communication may be appropriate. You acknowledge such hazards and you acknowledge that you are responsible for protecting our own systems and interests and we are not responsible for any loss or damage in any way arising from the use of electronic communication.
22. LIMITATION OF LIABILITY
a) If you have a genuine grievance with any Service you must notify Medi Ready Kids in writing within three days after that Service is supplied. Medi Ready Kids will then consider the merits of your claim and at its sole discretion:
(i) re-supply/amend the Service;
(ii) provide a partial refund for that Service; and/or
(iii) decline to provide any remedy contained in this clause.
b) Medi Ready Kids expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties.
c) Where any statutory warranties may not be excluded, the Parties agree that Medi Ready Kids’ liability is limited to an amount equal to the cost of replacement of the Service.
d) You agree that Medi Ready Kids will not be liable for any damage, loss, expense, charge or cost incurred by you as a consequence of:
(i) any delay by Medi Ready Kids to supply Services to you, whether caused by breakdown, accident, collision, termination of Services by you, termination of Services by Medi Ready Kids or otherwise;
(ii) termination of Services by you;
(iii) termination of Services by Medi Ready Kids;
(iv) any injury or death to a person; and/or
(v) any damage to property; whether caused directly or indirectly.
e) You must fully indemnify Medi Ready Kids against any Claim against Medi Ready Kids under a Contract or as a result of entering into a Contract and arises from or in connection with:
(i) any injury or death to a person; and/or
(ii) any damage to or theft of Goods or property.
f) To the fullest extent permitted by law, Medi Ready Kids will not be liable for any decisions, actions or outcomes taken by a Client following participation in a consultation session or reliance on information provided during the Services.
23. TERMINATION
Termination by Medi Ready Kids
a) Medi Ready Kids may terminate a Contract immediately upon notice to you in any form at any time and for any reason. Reasons that may instigate a termination of Contract, include (but are not limited to):
(i) You fail to pay our invoices on time;
(ii) You fail to provide us with the requested information in a reasonable time;
(iii) You fail to provide us with adequate instructions;
(iv) Your instructions involve acting to the contrary to the interest of another client;
(v) A conflict of interest has arisen or it is not appropriate for us to continue to act on your behalf; and
b) Medi Ready Kids only liability to you upon the termination of the Contract is limited to refunding payments made in advance for Services not yet provided offset against any Debt owing to Medi Ready Kids.
Effect of Termination
Your Rights and Obligations which in their nature are intended to continue even after termination of a Contract shall continue to exist after termination of such Contract, including amongst others, the provisions with respect to payment of fees, the Rights, limitation of liability, confidentiality, governing law and competent courts.
24. FORCE MAJEURE
Neither party will be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to a cause beyond its reasonable control, including but not limited to natural disasters, fire, flood, pandemic, industrial disputes, power or internet outages, or acts of government. Where possible, the affected party must notify the other party promptly of the event and use reasonable endeavours to resume performance as soon as practicable.
25. CONFIDENTIALITY
a) The Parties will receive and hold in complete confidence all information which they may obtain directly or indirectly pursuant to any Contract or the negotiation thereof including the contents and substance of any Contract (the
Confidential Information). The Parties will take such steps as may be reasonably necessary to prevent disclosure of the Confidential Information to others.
b) The Parties will not use any of the Confidential Information, except as necessary for the proper execution of a Contract, it being further understood that the Confidential Information may be communicated in confidence within the receiving Party’s organisation, but only to those persons having a need to know such information for the proper execution of a Contract. The Parties warrant that the above-mentioned persons will be bound by the same confidentiality obligations that the Parties have agreed upon in the Contract. The Parties further warrant that the
Confidential Information will be kept in secure places, under access and use restrictions not less strict than used by the Parties themselves to protect their own business secrets.
c) The Parties agree to return all tangible Confidential Information of the other Party including all copies made thereof, promptly upon request by the other Party.
d) The obligations imposed by this Clause 25 will continue in effect for the term of five (5) years from the date of the last disclosure of any Confidential Information.
26. NON-EXCLUSIVITY
The Client acknowledges that Medi Ready Kids may provide services to other clients, including businesses that may be in competition with the Client. Medi Ready Kids will not disclose the Client’s Confidential Information to any other party and will take all reasonable steps to ensure confidentiality is maintained at all times.