Terms and Conditions

These Terms and Conditions (Terms) govern your access to and use of the website at sunflowercollective.com.au (Website) and the training and related services we provide (Services).

The Website and Services are operated by Linda Kilp, a sole trader based in Australia, ABN 18 873 934 399, trading under the registered business name Sunflower Collective Group and marketing as Sunflower Collective (we, us, our).

By accessing the Website, making an enquiry, or booking or receiving our Services, you agree to be bound by these Terms. If you are agreeing to these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation, and you and your refer to that organisation.

If you do not agree to these Terms, please do not use the Website or engage our Services.

Sunflower Collective provides instructor-led workplace training and education, including our Grief First Aid, Financial Literacy, and Sales Capability programs.

Our training builds skills and confidence within your team. It is not counselling, crisis support, a support line, or a clinical, medical, psychological, or mental-health service, and it complements, never replaces, your Employee Assistance Program (EAP) and professional mental-health services. Participants are always given clear referral pathways.

You acknowledge and agree that:

• Our Services are educational and informational in nature and are not a substitute for professional advice (including medical, psychological, legal, or financial advice);
• We do not provide diagnosis, treatment, therapy, or crisis intervention, and nothing in our Services should be relied on as such;
• You and your personnel remain responsible for seeking appropriate professional support where needed; and
• If you or anyone in your organisation needs immediate support, you should contact a qualified professional or an emergency or crisis service. In Australia, Lifeline is available 24/7 on 13 11 14, and in an emergency you should call 000.

3.1 Enquiries made through the Website or otherwise do not create a binding agreement. A booking is confirmed only once we have agreed the scope, dates, format, and fees in writing (for example, in a proposal, booking confirmation, statement of work, or email exchange) (a Booking).

3.2 Where we provide a separate proposal, quote, statement of work, or engagement letter for a particular Booking, that document forms part of the agreement between us. If there is any inconsistency, the terms of that document prevail over these Terms to the extent of the inconsistency for that Booking.

3.3 We will use reasonable care and skill to deliver the Services described in your Booking. Program content, materials, and delivery may be adapted to suit your organisation and audience.

4.1 Fees for the Services are as set out in your proposal or Booking confirmation. Unless stated otherwise, fees are quoted in Australian dollars (AUD).

4.2 Unless agreed otherwise in writing, invoices are payable within 14 days of the invoice date.

4.3 We may require a deposit to secure a booking date, as specified in your proposal or Booking confirmation. Deposits are applied to your final invoice.

4.4 Unless expressly stated, quoted fees exclude any travel, accommodation, venue, materials, or third-party costs, which we will agree with you in advance where they apply.

4.5 GST: We are not currently registered for GST, and our fees do not include GST. If we become registered for GST, fees will be exclusive of GST unless stated otherwise, and GST will be added where applicable.

4.6 We may charge interest on overdue amounts, and recover reasonable costs of recovering unpaid amounts, to the extent permitted by law.

5.1 If you need to cancel or reschedule a confirmed Booking, please tell us in writing as soon as possible.

5.2 Unless agreed otherwise in writing, the following applies to cancellation or rescheduling by you:

• More than 14 days before the scheduled date: no cancellation fee; any deposit may be credited to a rescheduled date.
• Between 7 and 14 days before: 50% of the agreed fee is payable.
• Fewer than 7 days before, or failure to attend (no-show): 100% of the agreed fee is payable.

5.3 If we need to cancel or reschedule (for example, due to illness or events beyond our reasonable control), we will offer you a rescheduled date or a refund of fees paid for the affected Services. This is your sole remedy for our cancellation, subject to your rights under the Australian Consumer Law (see clause 9).

You agree to:

• provide accurate information and reasonable cooperation, access, and facilities needed for us to deliver the Services;
• ensure a suitable, safe environment and appropriate technology (for online delivery) for participants;
• make participants aware of the nature and scope of the Services (clause 2), including that the training is educational and not a counselling or crisis service; and
• be responsible for the conduct and wellbeing of your personnel, including providing appropriate support and referral pathways within your organisation.

You acknowledge that our training may involve sensitive subject matter (such as grief and loss). We are not responsible for participants' individual reactions, and you remain responsible for the ongoing support of your people.

7.1 All content on the Website and in our training materials, including text, program structure, workbooks, slides, graphics, logos, and the Sunflower Collective name and branding: is owned by us or our licensors and is protected by intellectual property laws.

7.2 Grief First Aid is delivered by Linda Kilp as an accredited instructor. Grief First Aid program content and materials remain the property of their owner/licensor and are used under licence. Nothing in these Terms transfers any rights in that program to you.

7.3 On payment of the relevant fees, you and your participants receive a non-exclusive, non-transferable licence to use materials we provide for internal, non-commercial learning purposes only. You must not copy, reproduce, resell, sublicense, record, publish, or create derivative works from our materials, or use them to deliver training to others, without our prior written consent.

7.4 You must not use our name, logo, or branding without our prior written consent.

8.1 Each party may receive confidential information from the other in connection with the Services. Each party agrees to keep the other's confidential information confidential and to use it only for the purposes of the engagement, except where disclosure is required by law.

8.2 We treat information shared by participants during training as confidential and will not report individual participant disclosures back to you as their employer, except where required by law or where there is a serious and imminent risk to a person's safety.

8.3 We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Please see our Privacy Policy for details on how we collect, use, and protect personal information.

9.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable law that cannot lawfully be excluded or limited.

9.2 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be provided with due care and skill.

9.3 To the extent that our Services are not of a kind ordinarily acquired for personal, domestic, or household use, and to the extent permitted by law, our liability for failure to comply with a consumer guarantee is limited (at our option) to supplying the Services again or paying the cost of having the Services supplied again.

10.1 The Website and its content are provided on an "as is" and "as available" basis for general information only. While we take reasonable care, we do not warrant that the Website or its content is accurate, complete, current, or uninterrupted.

10.2 To the maximum extent permitted by law, and subject to clause 9:

• we exclude all implied warranties, terms, and conditions;
• we are not liable for any indirect, special, or consequential loss, or for any loss of profit, revenue, data, goodwill, or business opportunity, however arising; and
• our total aggregate liability arising out of or in connection with the Website, the Services, or these Terms is limited to the total fees paid by you to us for the specific Services giving rise to the liability in the 12 months before the event giving rise to the claim.

10.3 We are not liable for any decision, action, or outcome that you or any participant takes based on our Services, which are educational in nature (see clause 2).

To the extent permitted by law, you agree to indemnify us against any loss, liability, or reasonable cost we suffer arising from your breach of these Terms, your misuse of our materials, or your negligent or unlawful acts or omissions, except to the extent caused by our own negligence or breach.

12.1 You may use the Website only for lawful purposes. You must not use the Website in any way that is unlawful, infringes another person's rights, or interferes with the Website's operation or security.

12.2 The Website may contain links to third-party websites. We provide those links for convenience only and are not responsible for the content, products, or practices of any third-party website.

We are not liable for any delay or failure to perform our obligations to the extent caused by events beyond our reasonable control, including illness, natural disasters, fire, pandemic, power or internet failures, or government action. If such an event occurs, we will work with you in good faith to reschedule affected Services.

We may update these Terms from time to time. The current version will always be published on the Website, with the "last updated" date shown above. Changes apply to Website use from the date they are published, and to new Bookings made after that date. The Terms that applied when your Booking was confirmed continue to govern that Booking.

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that place.

If you have any questions about these Terms, please contact:

Sunflower Collective: Linda Kilp
Email: linda@sunflowercollective.com.au
Website: sunflowercollective.com.au