Terms + Conditions
The Frae © is a wholly-owned subsidiary of The Kind Parenting Company Pty Ltd ©, hereafter referred to solely as The Frae © and reserves all rights with the naming and exclusive use of The Kind Parenting Company Pty Ltd © and The Frae ©. These online Terms & Conditions are current from January 28, 2022 with all rights reserved.
1.1 Ownership
The Kind Parenting Company Pty Ltd © ABN 83 614 287 571 and ACN 614 287 571.
This ownership notice applies to the websites:
All are owned by The Kind Parenting Company Pty Ltd ©
1.2 Copyright
Copyright exists in the websites, videos, content, newsletter and all social media posts from The Frae © and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios, recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material.
1.3 Intellectual Property
Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these Terms & Conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information, programs/ebooks and moral rights as defined in the Copyright Act 1966 (Commonwealth) and under the law of a country other than Australia.
2. Definitions
2.1 For the purpose of these Terms & Conditions in addition to paragraph 1 the following definitions apply:
2.2 Our, ourselves, us, we, refers to The Frae © as a wholly owned subsidiary of The Kind Parenting Company Pty Ltd © and its affiliates who for the purpose of these Terms & Conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and or is an entity who has the right to operate with or on behalf of ourselves;
2.3 Party refers to a party of these Terms & Conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these Terms & Conditions bind them jointly and each of them severally;
2.4 You or yours refers to you, the person accessing the website and agreeing to the Terms & Conditions of your use of the website and its contents;
2.5 License means these Terms & Conditions for use of this website and its contents;
2.6 Programs refer to the PDF documents for sale on The Frae ©
3.0 Scope of Licence
3.1 By virtue of these Terms & Conditions, you are granted a non-exclusive, non- transferable, non- sublicensable licence to personally access and use, for non-commercial purposes, the website and the services offered on the website.
3.2 You may not use the licensed programs or content on more than one computer system or device concurrently.
3.3 Full-scale reproduction of programs or video contents is expressly prohibited.
3.4 The term of this licence shall be for a term of 5 (five) years from the date of
registration of your activation, email confirmation, from registering your interest on The Frae © website, newsletter or via any social media platform.
4. Use of Website
4.1 These Terms & Conditions govern your right to use The Frae © website and your access to and use of the programs, forums, videos, content, newsletter and/or any products or services acquired in relation to the programs, forums, videos, content, newsletters, and/or the website and/or any links provided on the website to other websites.
4.2 In downloading any content from the website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the website is only for your personal use and not for any commercial or other use contrary to these Terms & Conditions and our legal rights in respect of the website, the programs, videos, content, and newsletter.
4.3 You agree that when you register, activate and download the you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
4.4 You agree that in downloading any service or product from the website www.thefrae.com you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the website and/or make it available over a network where it could be used by a singular device or multiple devices at the same time.
4.5 You agree that your use of the website, forums, videos, content and newsletter or any other service or product offered on the website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for New South Wales, Australia.
4.6 You agree that in using the website, videos, content and newsletter, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format (including on any social media platforms).
4.7 You agree that you will not post comments about the website, videos, content or newsletters and any of its contents, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
5. Your Agreement
In accessing the website www.thefrae.com including any and all webpages, the programs, forums, videos, content, newsletters and/or any other services and products, information, text and images offered or provided on the website, you are deemed to have read and personally agreed to the Terms & Conditions.
6. Eligibility
6.1 You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information truthfully and honestly. If you are accessing and using the website or registering for access to the programs, forums, videos, content or newsletters or any of the website’s services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms & Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms & Conditions.
6.2 Without limitation, the website is available only to individuals that can form legally binding contracts under Australian law.
6.3 We have the right to refuse to deal with you, at any time, at our sole discretion, including a potential conflict of interest, the suspension or termination of your purchase or registration, if we believe that you may or will bring our reputation, those individuals who represent us in the market-place, our other users, and newsletter members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the websites or to the contents and components of the websites or are in any way in breach of these Terms & Conditions.
6.4 Upon purchasing any product or service offered on the website you understand and agree that the directors, officers, employees, contractors, sub-contractors, third parties or affiliates of The Frae © are under no obligation to make direct communication with you, provide any type of support for you before, during or after your purchase unless it is with reference to customer feedback, issues with receiving email links or downloadable material such as programs, videos, content or newsletters. All customer support is provided at no additional cost and fair use of the support is determined by the directors, officers, employees, contractors, sub-contractors, third parties and affiliates of The Frae ©. All customer support can be directed to hello@thefrae.com. Additional correspondence can be directed to the suggested PO Box in the contact us page of the website.
7. Website Membership
7.1 You agree to provide accurate and truthful details about yourself for the purposes of your registration to the website, for the programs, forums, videos, content and newsletters and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
7.2 Once you register on the website, you will be sent an automated link to the email address provided which will allow you 24hrs (commencing when the email was sent to you by The Frae © to download the link and save the content to a single device (eg. a smartphone, a laptop or a tablet only). Please refer to our returns policy, FAQ’s or email hello@thefrae.com for further information.
7.3 Access to the information provided through email subscription and the website, forums, videos, content and newsletters is for your sole use only.
7.4 Any password or right given to you to obtain access to the products, videos, content and newsletters, and the contents or use of either the email subscription is not transferable to any third party.
7.5 We reserve the right, at our sole discretion, to terminate your access to the programs, forums, videos, content or newsletters if, in our opinion, you have failed to comply with any of the provisions of these Terms & Conditions. Any termination by us will be sent directly via email to the registered email address and will commence upon notifying you.
8. Newsletter Membership
8.1 You acknowledge that newsletter membership provides for public communications.
8.2 To become a newsletter member you agree to provide truthful, accurate personal
details about yourself as required on the sign up page for the newsletter.
8.3 You will use the newsletter only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the newsletter, either on the newsletter itself or otherwise, or the website, the programs, forums, videos, content and newsletters and/or the individuals representing the website and/or their employees.
8.4 You will not use the newsletter:
a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise intentions;
b) to incite others to conduct the activities described in sub-paragraph;
c) to interfere with the lawful and reasonable use of the newsletter by others;
d) to attempt to directly or indirectly, allow or facilitate a third party to enter the newsletter through your registration;
e) to sell or promote any services or products to other newsletter members.
f) to copy, redistribute, amend to make your own, or alter any newsletter publications in any way shape or form;
8.5 Those subscribed via the purchase of a program(s), those who enquire and those who sign up for the newsletter who wish to cancel any correspondence will be removed from the newsletter mailing list within 48 (forty eight) hours of receipt of written advice of cancellation via email to hello@thefrae.com
9.0 Content Release
9.1 In accepting the Terms & Conditions of the website, you give the The Frae © and its authorised representatives, the right and permission to use photographs and/or video footage of you undertaking training, education, events and activities and/or illustrating any interviews that you have provided to us. You grant permission to The Frae © and its authorised representatives to use these photographs and video footage for the purpose of promoting, advertisement, marketing, publicity or any other lawful purpose. You waive any right to inspect and approve the finished product that may be used or to which it may be applied now and/or in the future, whether that use is known to you or unknown, and you waive any right to royalties or other compensation arising from or related to the use of the image/information whether intentional or otherwise.
10. Unsubscribing
10.1 Select the Unsubscribe option and follow the prompts at the bottom of any email supplied from The Frae © to discontinue receiving future newsletters/emails. This must be completed by you the “subscriber” not The Frae ©, it’s directors, officers, employees, contractors, sub-contractors, third parties or affiliates.
10.2 The Frae © and its authorised representatives will not be held liable for any failure to successfully unsubscribe. Further issues/difficulties can be advised in writing your intention to hello@thefrae.com.
10.3 All information provided to The Frae © is kept confidential and is not disclosed to third parties under The Privacy Act 1988. Further information on the information The Frae © collects and privacy statements can be viewed in section 23. Privacy.
11. Cancellation/Termination
11.1 The Frae © reserves the right to terminate this contract in accordance with the following conditions:
a) Failure to abide by rules of use of the website, programs forums and the newsletter.
b) Action upon a complaint by either another member or an employee or contractor of The Frae ©.
c) If we believe you are or you have been facilitating the unlawful activity of a third party in respect of the website/program/newsletter and further, we are at liberty to take any other action necessary to enforce the Terms & Conditions of this license.
11.2 The Frae © reserves the right to not sell/provide access to any service/program/forum to any individual or business who fails to act in accordance with these Terms & Conditions.
11.3 All online programs provided by The Frae © are non-refundable once downloaded and paid for in full. This is due to the products offered only being available electronically and therefore once the downloadable link has been sent the product is considered by The Frae © to be used. Further information on The Frae © no refund policy can be found in section 12 Payment.
In some instances refunds will be made for example if you select the wrong program to purchase. Please contact hello@thefrae.com for more information.
12. Payment
12.1 In purchasing any product or services from the website (‘the purchase’) you agree to pay using a valid credit card or bank account (or other form of payment or use of payment provider that the The Frae © allows) in the manner required by and under the Terms & Conditions outlined by the nominated payment system provider;
12.2 Provide The Frae © with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card or bank account details and billing information as required without limiting any of The Frae © rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete.
12.3 The Frae © reserves the right to refuse to continue with your purchase, or put on hold or terminate your access to the website, forums, videos, content or newsletter, or any of the services or products provided by The Frae © at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the purchase.
12.4 Pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase ("the costs"); and all costs are in Australian dollars (AUD) unless otherwise indicated.
12.5 All transactions for purchase of intangible products, ebooks, pdf downloads, resource material, videos and online content are made through payment gateways such as Stripe that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process. Please enter your details correctly and ensure you have enough funds to purchase as often cards are declined for these reasons.
12.6 In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and downloadable link as soon as possible. Please email hello@thefrae.com.
12.7 Purchases for digital downloads made at www.thefrae.com are non-refundable or exchangeable in the event you, the purchaser;
a) Received what you paid for but simply changed your mind, found the information (whether for sale or for free) from somewhere else, decided you did not like the purchase or had no use for it.
b) Misused the product in any way that caused a problem to exempt you for a refund, such as knowingly working for a competitor deemed by The Frae © or knowingly admitting to a conflict of business interest with The Frae © and may use the information supplied for repurposing.
c) Knew of or were made aware of the faults before you bought the product.
d) Asked for a service to be done in a certain way against the advice of The Frae © or were unclear about what you wanted.
12.8 Since the products made available are intangible, we will not accept any request for refunds unless there is an issue sending, receiving or downloading any of our products. In the event this does occur, The Frae © will make every effort to liaise with the purchaser to resolve any discrepancies before issuing a refund. Refunds will be granted on a case by case basis and only after appropriate consultation with the relevant parties has taken place. In the case where a purchase error is made please contact us via hello@thefrae.com to discuss a resolution.
12.9 By placing an order with The Frae © you warrant that you are at least 18 years old (or have parents permission to buy from us) and accept all of these Terms & Conditions. None of the Terms & Conditions affect your statutory rights.
12.10 All transactions conducted through The Frae © are handled and transacted through a third party called Stripe (www.stripe.com) and Squarespace (www.squarespace.com), both dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the Terms & Conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made. The Frae © does not have access to this information but by electing to purchase any product or service you also agree to any third party’s Terms & Conditions such as Stripe’s.
12.11 All payment amounts are represented in AUD as this is the currency of our host country. Stripe and Squarespace does not provide converting transactions prices, for example if you are in America it will not show the equivalent in USD. The Frae © is not liable for any discrepancies in charges for international currencies. Our equivalent currency prices are changed periodically but are not automatic updates that are provided by the foreign exchange market prices. All transactions processed on www.thefrae.com will be charged to the customer in the equivalent amount in their host country's currency per the AUD price. All currency conversions and their calculations through payment are made via Stripe and or Squarespace.
12.12 Stripe charges a percentage-based fee each time you accept a credit or debit card payment. Please visit Stripe for further information regarding the fees they charge per transaction. These fees are also subject to change as per Stripes Terms & Conditions (visit www.stripe.com for further information).
12.13 All advertised prices for programs and services provided by The Frae © are in AUD dollars.
13. Competitions and Prizes
13.1 To enter our competitions, entrants must complete all requirements as listed on the website or social media platform and entries must be received by the promoter by the close of business on the specified closing date (AEDT).
13.2 The winner may be required to take part in promotional activity related to the prize draw and the winner shall participate in such activities at our reasonable request. The winner consents to the use by us and our related entities, both before and after the closing date of the prize draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites or social media hosted by us and our related entities) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the prize draw, all entrants consent to the same.
13.3 The judges’ decision is final and binding. As such, no correspondence will be entered into.
13.4 The Frae © accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering our competitions or accepting the prize. If any prize is unavailable, for whatever reason, the promoter reserves the right to substitute the prize for a prize of equal or lesser value.
13.5 Each entrant’s personal information (‘PI’) is collected to enable the promoter to administer and promote this competition and the winner. The PI of winners may be provided to third parties who are assisting the promoter, including prize suppliers, deliverers and authorities that regulate competitions. Entrants who fail to provide all requested PI, may be determined by the promoter at its sole discretion, to be ineligible to win a prize. Errors and omissions may be accepted at the promoter’s discretion. Failure by the promoter to enforce any of its rights at any state does not constitute a waiver of those rights.
13.6 The promoter reserves the right at its sole discretion to disqualify any individual who the promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
13.7 All cash prizes are in AUD dollars.
14 Risk
14.1 Title of the purchase will pass to you on receipt of full payment from you or when you receive the purchase, whichever happens later.
14.2 Risk of loss or damage to the purchase will pass to you when we provide the purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
14.3 Where we send you the purchase by email delivery, and you claim that you have not received such delivery, then you must contact us at hello@thefrae.com. within 7 (seven) days of the date by which you placed the order for the purchase for the product or service to investigate your claim.
14.4 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the programs, and/or the products and services offered by the website, forums, video, content or newsletters and as we make no representations to you in respect of your use of the programs, and/or the products or services offered by the website, forums, videos, content or newsletters. The Frae © provides no warranty as to any results or outcomes associated with using the programs nor in respect of any use of the products or services offered by the website, forums, videos, content or newsletters.
14.5 You expressly acknowledge that your use of the website and its products and/or services is at your sole risk.
14.6 If The Frae © decides the program you have registered for will not go ahead for any reason then the purchase will be refunded in full however is at the company’s sole discretion.
15.0 Medical Disclaimer
15.1 The Frae © is not a medical organisation and does not or cannot give or purport to give you any medical advice or assistance in any form. Nothing in the website, forums, videos, content or newsletters or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
15.2 You are solely responsible for evaluating and assessing your own health and wellbeing as to whether, in all the circumstances, you should access and use the website and/or participate in the forum, videos, content or newsletters and/or The Frae © programs and or services. The Frae © encourages you to seek appropriate medical advice or assistance before embarking on any use of the website, forum, videos, content or newsletter and/or its products or services including all programs.
15.3 You agree that neither The Frae © nor any of our affiliates, contractors, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the website, forum, videos, content or newsletters and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the website, forum, videos, content or newsletters, or its products and services, is at your sole risk.
16. Limitation of Liability
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury, death or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
17. Our Rights to Modify Services
17.1 You acknowledge that The Frae © is entitled at any time, to change, modify, vary, delete or otherwise deal with the website, forum, videos, content or newsletters, programs and/or the Terms & Conditions, as we see fit.
17.2 The Frae © will publish any intended changes on the website, forums, videos, content, newsletters and programs and you will be deemed to have accepted such changes when you access the website, videos, content, newsletters and programs or receive our publication of the notice of change on the website and its content via email.
18. Increase in Fees
18.1 The Frae © at any time, upon posting notification on its website, forum, videos, content, newsletter or via any social media account and giving a minimum of 14 (fourteen) days notice, increase the payment amount.
If the customer wishes to terminate the purchase as a result of this increase, the customer has the right to do so if they notify The Frae © in writing via email to hello@thefrae.com within 14 (fourteen) days of the posting of the notification.
19. Jurisdiction
19.1 These Terms & Conditions are governed by the laws of New South Wales, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
20. Indemnity
20.1 You agree to indemnify The Frae © to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the website and/or from your breach of any of the Terms & Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
20.2 You are liable for all content posted by you on any form of social media including in relation to the website, forum, videos, content, newsletters and any social media platform used by The Frae ©.
20.3 You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on or about the the website, forums, videos, content or newsletter in relation to The Frae ©.
20.4 You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
21. Privacy
21.1 We will use our best endeavours to protect your privacy as provided by you with respect to your personal information and by your provision of your personal information as referred to in these Terms & Conditions, you have expressly agreed to our collection, use and retention of your personal information. The information you provide is only available to The Frae © and will not be shared with any other third parties within Australia or Internationally. You have the right to inspect the information held about you. You always have the right to request The Frae © to delete or correct the information held about you. If you wish to alter, access or remove or complain about breaches of the APP code (Australian Privacy Principles) please contact us on hello@thefrae.com.
21.2 We will manage your personal information in accordance with the requirements of Australian laws.
21.3 We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.
21.4 When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address and which you give our consent to do so my completing the buying or selling process or by subscribing to the newsletter, email landing page or by following The Frae © on any social media platforms. The collection of this information is kept for marketing purposes only and is used by The Frae © to send you information regarding products, services, forum and newsletter information. If you would not like us to collect your information please email The Frae © in writing to hello@thefrae.com and allow up to 7 (seven) business days for your information to be removed.
21.5 The Frae © may implement e-marketing, such as Squarespace (www.squarespace.com) and Google analytics demographic and interests reporting. Using the Ads Settings in Google you may opt out of Google analytics for display advertising and customise Google display network ads.The Frae © reserves the right to use remarketing with Google analytics to advertise online. Third-party vendors, including Squarespace or Google, may show you our ads on sites across the internet. The Frae © and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) together to inform, optimise, and serve ads based on users past visits to our website.The Frae © reserves the right to change or alter any form of information collection and by agreeing to the Terms & Conditions held within this document you agree to accept any changes made.
21.6 The Frae © and third-party vendors, including Squarespace and Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies together to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to this site. The Frae © collects data from Google's Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics.
21.7 By visiting this website, videos, forums, newsletter, and by following The Frae © on any social media platform or by purchasing any products or services from The Frae © you agree to the above Terms & Conditions.
22. General
22.1 Entire agreement: These Terms & Conditions form the entire agreement between us and you in relation to the website, videos, content, newsletters and programs and your use of it.
22.2 Waiver: Any failure or delay on our part to exercise a power or right we have under these Terms & Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.