Book & Branches Pty Ltd – Terms & Conditions

Effective Date: 24 November 2024

Last Updated: 22 November 2025

These Terms & Conditions apply to all services, programs, products, and digital tools provided by Book & Branches Pty Ltd, including:

• Bush Kindy Teaching (children’s programs)

• Bush Kindy Learning (professional development and training)

• Bush Kindy Shop (educator-only resources)

• optional digital and reflective tools

By accessing our website, enrolling in a program, purchasing a product, or using our services, you agree to these Terms and our Privacy Policy and our Website Disclaimer.

1. Definitions  

In these Terms:

• “we”, “us”, “our” means Book & Branches Pty Ltd

• “you” means any client, participant, purchaser, or authorised representative

• “programs” means Bush Kindy Teaching or Bush Kindy Learning sessions

• “resources” means items sold through Bush Kindy Shop

• “educator” includes early childhood teachers, OSHC educators, school teachers, and approved Family Day Care educators

• “service agreement” means the written agreement accompanying a quoted service

Words have the same meaning whether capitalised or not.

2. Hierarchy of Documents  

If any inconsistency exists between these Terms and a signed Service Agreement, the Service Agreement prevails to the extent of the inconsistency.
These Terms apply to all remaining matters not expressly modified in writing.

3. Eligibility  

3.1 Bush Kindy Learning (Professional Development)  

Participants must be over 18.

3.2 Bush Kindy Teaching (Children’s Programs)  

Registrations involving children must be completed by a parent, guardian, or authorised service representative.
Supervision remains the responsibility of the adult/service unless otherwise agreed.

3.3 Bush Kindy Shop  

Bush Kindy Shop resources are supplied only to educators and education services.
Resources are not toys and are not intended for domestic use.

4. Nature of Services & Inherent Risk  

Bush Kindy programs take place outdoors and may involve:

• uneven terrain

• water, mud, rocks, sand

• native plants/insects

• loose parts

• weather exposure

You acknowledge these inherent risks and accept responsibility except where prohibited by law.

5. Bookings, Cancellations & Changes  

5.1 Professional Development (Learning)  

• Cancellations within 7 days may incur a 50% fee

• Custom/tailored sessions are non-refundable

• One free reschedule permitted with adequate notice

• Free programs require 48 hours’ cancellation notice

• Repeated no-shows may restrict future access

• Sessions may be cancelled due to unsafe weather, illness, or operational needs

5.3 General  

Refunds are not offered for change of mind or non-attendance.
This does not limit your rights under the Australian Consumer Law.
We may modify or cancel sessions for safety or operational reasons.

6. Safety, Risk & Responsibility  

6.1 Children’s Programs  

• Parents/services maintain full responsibility for active supervision

• Duty of care and behavioural management remain with the service

• You must disclose any allergies, medical needs, or additional requirements

6.2 Professional Development  

• Services remain responsible for NQF/WHS compliance

• Adequate staffing and ratios must be maintained

• Participants must follow facilitator instructions

6.3 Environmental Risk Acceptance  

Nature-based environments involve risks such as slips, trips, stings, bites, and exposure to weather or natural materials.

7. Client Information Accuracy  

You warrant that all information you provide—including information about children, staff, allergies, behaviours, site conditions, and operational factors—is complete and accurate.
You are responsible for consequences arising from incomplete, incorrect, or withheld information.

8. Client-Site Safety Warranty  

You warrant that any site or environment used for programs is safe, appropriate, and compliant with all WHS and regulatory obligations.
You are responsible for identifying hazards, managing environmental risks, and ensuring safe access.

9. Bush Kindy Shop — Resource Use Requirements  

9.1 Intended Use  

Resources are:

• for educators

• not toys

• intended for guided, supervised educational experiences

• unsuitable for home or unsupervised environments

9.2 SWMS & Compliance  

Before use, services must:

• assess suitability for their environment and age group

• align use with their SWMS, WHS policies, and NQF obligations

• inspect resources before use

• discontinue use if wear or damage occurs

9.3 Material Variation  

Natural and upcycled materials vary in texture, size, and appearance. These variations are not defects.

9.4 Usage Restrictions  

All website, blog, and digital content is general information only and not a substitute for professional, compliance, regulatory, or safety advice.
Examples, case studies, and images are illustrative only and do not constitute site-specific advice.

11. No Professional Advice  

Programs and materials provide general educational guidance.
They do not constitute:

• compliance advice

• behavioural or therapeutic guidance

• medical or psychological advice

• legal or regulatory advice

You must obtain professional advice independently where required.

12. No Guarantees  

13. Client Responsibilities & Compliance  

You are solely responsible for:

• NQF compliance

• WHS obligations

• supervision and staffing ratios

• conducting risk assessments

• implementing your own safety controls

• determining age-appropriateness

You agree not to rely solely on our programs or materials for compliance decisions.

14. No Partnership or Agency  

Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency relationship between you and Book & Branches Pty Ltd.
You remain solely responsible for your staff, children, supervision, and duty of care.

15. Ordering, Payment & Acceptance  

15.1 Payment  

Payment is due by the invoice due date.

15.2 Acceptance by Conduct  

You accept these Terms when you:

• sign a service agreement

• submit a purchase order

• pay an invoice

• accept delivery of resources

• attend a session

• use digital tools

• or engage with our services in any form

15.3 Telecommunications & Access  

We are not responsible for delays or failures caused by telecommunications or device issues.

16. Returns & Faulty Items  

16.1 Resources  

Returns accepted for:

• transit damage

• manufacturing defects

• incorrect items

Conditions:

• transit damage reported within 48 hours

• faults reported within 14 days

• items unused and in original condition

• no change-of-mind returns

16.2 Services  

Refunds follow the cancellation terms in Section 5.

17. Intellectual Property  

All training content, materials, resources, templates, session plans, and digital tools are the IP of Book & Branches Pty Ltd.
Reproduction or redistribution is prohibited without written permission.

18. Limitation of Liability  

To the maximum extent permitted by law:

a) We exclude liability for indirect, incidental, special, punitive, or consequential loss, including loss of profit.
b) Our total liability is limited to the amount paid for the specific service or resource.
c) These limitations do not apply to:

• death or personal injury caused by our negligence

• loss caused by our gross negligence or wilful misconduct

• misleading or deceptive conduct under the ACL
  d) You acknowledge and accept the inherent risks of nature-based environments except where prohibited by law.
  e) For children’s programs, the parent/service retains full responsibility for supervision, behaviour management, and duty of care.
  f) For professional development, the service retains full responsibility for NQF/WHS compliance, staffing ratios, and implementation of training.
  g) We are not liable for loss or damage that was not reasonably foreseeable at the time these Terms were accepted.

19. Indemnity  

You indemnify Book & Branches Pty Ltd against all claims, losses, damages, and liabilities arising from:

• your breach of these Terms

• participation by you or your child

• improper or unsupervised use of resources

• non-compliance with NQF or WHS obligations

• failure to implement your own safety controls

• negligence or misconduct by you or your staff

This indemnity does not apply where the claim arises from our gross negligence or wilful misconduct.

20. No Reliance  

You acknowledge that you have not relied on any verbal statements, informal advice, demonstrations, examples, or comments made by Book & Branches Pty Ltd staff or facilitators.
Only information contained in written materials, these Terms, or a signed Service Agreement is binding.
Verbal discussions during programs or sessions do not constitute professional advice.

21. No Waiver  

Failure to enforce a right does not waive that right.

22. Severability  

If any part of these Terms is invalid or unenforceable, the remaining provisions continue in full effect.

23. Survival  

Clauses relating to IP, liability, indemnity, confidentiality, and governing law survive termination.

24. Force Majeure  

We are not liable for delays or cancellations due to circumstances beyond our control, including extreme weather, illness, emergencies, or government restrictions.

25. Confidentiality & Privacy  

Personal information is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

26. Governing Law  

These Terms are governed by the laws of Queensland, Australia.
Disputes will be resolved in Queensland courts.

27. Amendments  

We may update these Terms at any time.
Your continued participation or purchases constitute acceptance.

Archived versions available on request.