These Terms of Use ("Terms") govern your use of our website located at www.howtohelpmychild.com ("Site") and form a binding contractual agreement between you, the user of the Site and us, How To Help My Child owned and operated by Sue Sibly (ABN 85 960 287 995) trading as How To Help My Child.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on support@howtohelpmychild.com.  
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1. License to use Site
1.1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in these Terms.
1.2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3. You must not add any content to the Site:
a) unless you hold all necessary rights, licences and consents to do so;
b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
d) that would bring us, or the Site, into disrepute; or
e) that infringes the intellectual property or other rights of any person.
1.4. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. 
1.5. You acknowledge and agree that:
a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
b) the Site will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

2. Intellectual Property Rights 
2.1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
2.2. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
2.3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
2.4. The licence in clause 2.3 will survive any termination of these Terms.
2.5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

3. Warranties 
3.1. You represent and warrant to us that:
a) you have the legal capacity to enter these Terms; and
b) you have complied with clause 1.3.

4. Liability 
4.1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
4.2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.

5. Termination 
5.1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
5.2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

6. General 
6.1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
6.2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
6.3. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
6.4. This Agreement is governed by the laws of South Australia and each party submits to the jurisdiction of the courts of South Australia.


All content on this website and/or store is copyrighted. It cannot be republished or sold in any shape or form. Distributing of copyrighted materials is illegal and will not be tolerated.
These terms and conditions make up a legally binding agreement (the Agreement) between How To Help My Child owned and operated by Sue Sibly (ABN 85 960 287 995) trading as How To Help My Child, (referred to in these terms as “Us”, “We” and “Our”) and you.
This Agreement may be accepted by any one of the following methods:
a) making payment for or accessing Online Material; or
b) making payment for the Online Learning.
If you have any questions about this Agreement please contact support@howtohelpmychild.com before making payment.

1. Delivery of the Online Material
1.1. All Online Material is delivered Online. No physical copies of the Online Materials will be provided.
1.2. The Online Learning may include live group coaching calls but does not include one-on-one coaching or customised services.
1.3. The Online Material is designed support parents and/or educators in facilitating behavior management and sensory learning with their children and to achieve this, you will need to actively participate in the use of the Online Material to receive its full benefit.
1.4. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
a) We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
b) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.  
c) We reserve the right to limit the quantities of any products or services that we offer.  
d) All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 
e) We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
f) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

2. Payment, Price and Refunds
2.1. Digital Products
a) Payment is required before the Digital Products will be accessible via logging into the Dashboard.
b) You acknowledge and agree that there are no refunds for change of mind.
2.2. Online Learning
a) Payment is required before Online access will be provided.
b) You acknowledge and agree that there are no refunds for change of mind. Monthly or Annual recurring Membership payments can be terminated by logging into your account and selecting ‘cancel’ under the subscription tab or emailing support@howtohelpmychild.com (7) days prior to your upcoming renewal.
2.3. Physical Products 
a) We reserve the right to refuse any order you place with us.  
b) We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  
c) In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.  
d) We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 
e) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 
f) You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 
g) You can return or exchange any item purchased through our online store within 14 days.  g) To be eligible for a return, your item must be unused and in the same condition that you received it. 
h) Your item must be in the original packaging. 
i) Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. 
j) If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies. 
k) You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund 
l) If you have any questions on how to return your item to us, contact us support@howtohelpmychild.com.   

3. Online Learning and Online Material
3.1. You acknowledge and agree that:
a) we retain complete editorial control over access of the Online Material and may alter, amend or cease the operation of the Online access at any time in our sole discretion; and
b) Online access may be unavailable from time to time including for maintenance purposes.
3.2. Online access may contain links to other websites as well as content added by people other than Us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
3.3. To the full extent permitted by law, We exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages as a result of Online use or access.

4. Limitation of Liability
4.1. Our aggregate liability to you for any Loss arising out of or in connection with:
a) any act, error, negligence, misrepresentation or omission concerning or arising out of all of the Online Material (including any pre contractual statement, representation or warranty as to the quality or fitness for its purpose of the Online Material or as to Our ability to deliver the Online Material); and
b) any breach of the Agreement or breach of duty of any kind owed in connection with the provision of the Online Material;
c) is limited to and will not in any circumstances exceed the Price, Annual Fee or Monthly Fee, as the case may be.
4.2. We will not be liable for any loss of profit, revenues, anticipated savings, business or investment opportunities, internal management costs or any other indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.
4.3. Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law.

5. Confidentiality
5.1. During delivery of the Online Learning you may receive Confidential Information which is provided by Us and you must not deal with Our Confidential Information in any way that might prejudice its confidentiality.
5.2. Your obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by Us.
5.3. At the end of the Online Learning, or when earlier directed by Us:
a) all Confidential Information must be returned to Us, including all copies of the Confidential Information or any extracts or summaries of the Confidential Information that you make; and
b) you must erase and destroy any copies of any software containing or comprising the Confidential Information in your possession or under your control or that may have been loaded onto a computer possessed or controlled by you.
5.4. The Confidential Information does not include information which:
a) is generally available in the public domain otherwise than as a result of a breach of this clause by you; or
b) was known by you prior to Us disclosing the information to you.
5.5. You agree to indemnify Us fully against all liabilities, costs and expenses which We may incur as a direct result of any breach of this clause by you.
5.6. You acknowledge that damages may be an inadequate remedy for breach of this clause and that the We may obtain injunctive relief against you for any breach of this clause.
5.7. The obligations accepted by you under this clause survive termination or expiry of this Agreement.

6. Intellectual Property
6.1. You acknowledge that we will own all Intellectual Property Rights existing in the Online Materials and Digital Products unless otherwise stated. To the extent that any Intellectual Property Rights in respect of the Online Material vests in you, you agree to assign all such Intellectual Property Rights to Us with such assignment effective immediately upon the relevant Intellectual Property Rights vesting in the Client.
6.2. Any pre-existing Intellectual Property Rights owned by Us before the commencement of this Agreement, will remain vested in Us.
6.3. Any pre-existing Intellectual Property Rights owned by the you before the commencement of this Agreement, will remain vested in you.
6.4. We agree to grant you a non-exclusive, transferable, royalty free licence to use and reproduce the Intellectual Property Rights subsisting in the Online Material for the sole purpose of ensuring that you obtain the benefit of the Online Material. Under this licence you are not permitted to:
a) sub-licence, transfer, loan or resell the Online Material;
b) give away the Online Material for free;
c) claim the Online Material as your own; or
d) use the Online Material in any derivative products for sale where the Online Material is the main component of the product. For example, mugs, t-shirts, home decor items, logos, art prints or posters.

7. Force majeure
7.1. We do not have any liability under or may be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond Our reasonable control.
7.2. If We are affected by these circumstances we will promptly notify you when such circumstances cause a delay or failure in performance and when they cease to do so.

8. Termination
8.1. We may terminate this Agreement by notice in writing to you, if you:
a) fail to observe any term of this Agreement; or
b) fail to rectify a breach, to Our satisfaction following the expiration of 7 days’ notice of the breach being given in writing to you.
8.2. Notwithstanding any other provision of this Agreement, We may terminate this Agreement for any reason by providing you with 2 days’ notice.

9. Applicable Law
9.1. The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of South Australia.  

10. Your Warranties
10.1. You warrant that:
a) you are not executing this Agreement as a result of or by reason of or in reliance upon any promise, representation, statement or information of any kind whatever given or offered to you by Us whether in answer to an enquiry or otherwise; and
b) Prior to the Start Date, you have made your own independent enquiries and satisfied yourself as to the fitness for purpose of the Online Learning and Online Materials and, to the extent permitted by law, We make no warranty, promise or representation in relation to the Online Learning and Online Materials, either expressly or impliedly and any warranties, terms and conditions in relation to the fitness of the Online Learning and Online Materials for any purpose, whether implied by use, statute or otherwise is, to the extent permitted by law, hereby excluded.

11. Definitions
In these terms and conditions, the following terms have the meanings indicated:
a) Annual Fee means a one-time payment for an annual subscription to the Online Learning.
b) Confidential Information includes any information marked as confidential and any information received or developed by a party, which is not publicly available and relates to processes, equipment and techniques used by the disclosing party in the course of the disclosing party’s business. This includes all information, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans.
c) Course means any course delivered either online or in person by Us.
d) Course Material means all materials regardless of form, developed or created by Us in the provision of the Course or Membership, as the case may be]and includes, without limitation, any reports, emails, abstracts, records, drawings, plans, graphics, video and audio recordings, design and artwork.
e) Digital Products means all digital products available for purchase or download from www.howtohelpmychild.com.
f) Intellectual Property Rights means copyright, trademark, design, patent, semiconductor or circuit layout rights and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio and other information, content, data or material used by Us in respect to this Agreement.
g) Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in tor, contract or otherwise (including costs awarded or incurred) of any kind.
h) Membership means an ongoing subscription with access to the Online Material.
i) Monthly Fee means payment for the Membership in monthly instalments.
j) Online means the delivery of the Online Learning through such means as an online based platform or website used to deliver the Online Material.
k) Online Learning means the Course and Membership.
l) Online Material means all Course Material, Digital Products (both for sale and free) and other resources made available online by Us for the Course or Membership.
m) Price means the amount paid by you for the Online Learning.
n) Start Date means the date of payment for the Online 


1. We respect your privacy 
1.1. How To Help My Child owned and operated by Sue Sibly (ABN 85 960 287 995) trading as How To Help My Child (hereafter referred to as “us”, “we”, “our”) respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
1.2. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
1.3. "Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
1.4. You may contact us in writing at support@howtohelpmychild.com for further information about this Privacy Policy.

2. What personal information is collected 
2.1. We will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
2.3. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.4. Additionally, we may also collect any other information you provide while interacting with us.

3. How we store your personal information 
3.1. We collect personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
3.2. By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

4.  How we use your personal information 
4.1. We may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
4.2. We will use personal information only for the purposes that you consent to. This may include: a) to provide you with products and services during the usual course of our business activities; b) to administer our business activities; c) to manage, research and develop our products and services; d) to provide you with information about our products and services; e) to communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and f) to investigate any complaints. If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
4.3. We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
4.4. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.  

5. Disclosure of your personal information 
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
5.2. If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.  

6. General Data Protection Regulation (GDPR) for the European Union (EU) 
6.1. We will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
6.2. We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
6.3. We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
6.4. We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
6.5. We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
6.6. We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
6.7. We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
6.8. You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.  

7. Your rights under the GDPR 
7.1. If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. We comply with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU.
7.2. Except as otherwise provided in the GDPR, you have the following rights: a) to be informed how your personal information is being used; b) access your personal information (we will provide you with a free copy of it); c) to correct your personal information if it is inaccurate or incomplete; d) to delete your personal information (also known as "the right to be forgotten"); e) to restrict processing of your personal information; f) to retain and reuse your personal information for your own purposes; g) to object to your personal information being used; and h) to object against automated decision making and profiling.
7.3. Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
7.4. We may ask you to verify your identity before acting on any of your requests.  

8. Hosting and International Data Transfers 
8.1. Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to the United States of America.
8.2. The hosting facilities for our website are situated in the United States of America. Transfers to each of these Countries will be protected by appropriate safeguards, these include: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website.
8.3. Our Suppliers and Contractors are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website.
8.4. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.  

9. Security of your personal information 
9.1. We are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
9.2. Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
9.3. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.  

10. Access to your personal information 
10.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support@howtohelpmychild.com.
10.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.  

11. Complaints about privacy 
11.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to support@howtohelpmychild.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.  

12. Changes to Privacy Policy 
12.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

13. Website 
13.1. When you visit our website - When you come to our website (www.howtohelpmychild.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
13.2. Cookies - We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.
13.3. Third party sites- Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.