Terms and Conditions

These Terms and Conditions govern your use of The OSHC Studio website and your purchase or use of our digital resources, training, consulting and service support.

By using this website, purchasing a product, registering for training, booking a consultation or engaging our services, you agree to these Terms and Conditions.

These terms are intended to operate alongside the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy that cannot legally be excluded. Australian businesses must ensure their terms are clear, accurate and consistent with applicable consumer guarantees.

1. About The OSHC Studio

The OSHC Studio is an Australian business providing practical resources, professional development, consulting and tailored support for Outside School Hours Care educators, leaders, services and organisations.

In these terms:

we, us and our mean The OSHC Studio and its owner;
you and your mean the person or organisation accessing the website, purchasing a product or engaging our services;
resources include digital downloads, templates, guides, posters, workbooks and other materials;
services include training, consulting, mentoring, reviews and tailored service support.

Our business details are:

Trading name: The OSHC Studio
Legal name: Anthony Seegers
ABN: 62891044503
Email: hello@theoshcstudio.com.au
Location: South Australia, Australia

2. Website use

You may use this website for lawful personal or professional purposes.

You must not:

use the website in a way that breaches applicable law;
attempt to gain unauthorised access to the website or its systems;
introduce viruses, malicious software or other harmful material;
copy, reproduce or commercially exploit website content without permission;
misrepresent your identity or affiliation with an organisation;
interfere with the website’s security, availability or operation; or
use our content in a misleading, harmful or unlawful manner.

We may restrict or suspend access where reasonably necessary to protect our website, business, customers or intellectual property.

3. Information on this website

We aim to keep the information on our website accurate and current. However, information may occasionally contain errors or become outdated.

Content published by The OSHC Studio is general educational and professional information. It does not replace:

legal advice;
regulatory advice;
medical or clinical advice;
financial or accounting advice;
advice from your approved provider, employer or relevant authority; or
consideration of the circumstances of an individual child, family, employee or service.

You remain responsible for determining whether a resource, recommendation or service is appropriate for your setting and for meeting all applicable legal, regulatory, organisational and professional obligations.

4. Australian Consumer Law

Our products and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law where that law applies.

These guarantees may include that products are of acceptable quality, fit for a disclosed purpose and match their description, and that services are provided with due care and skill, are fit for their stated purpose and are supplied within a reasonable time where no time has been agreed.

Where a product or service does not meet an applicable consumer guarantee, you may be entitled to a remedy such as correction, replacement, resupply, cancellation or refund, depending on the circumstances.

Nothing in these Terms and Conditions is intended to override those rights.

5. Digital resources

Digital resources may be sold through Etsy, our website or another nominated platform.

Product descriptions will generally explain:

what is included;
the file format;
whether the resource is editable;
any software required;
the intended audience; and
the applicable licence.

You are responsible for confirming that the resource is suitable for your needs and that you have compatible software and equipment before purchasing.

Colours, layouts and formatting may appear differently depending on your screen, printer, software or device.

Unless expressly stated otherwise, digital resources are supplied electronically and no physical product will be posted.

6. Resource licence

Unless a product listing states otherwise, purchasing a digital resource gives you a limited, non-exclusive, non-transferable licence to use it:

for your own individual professional use; or
within one OSHC service or workplace location where the resource was purchased on behalf of that service.

You may:

download and store the resource;
print reasonable copies for permitted use;
adapt editable sections for the needs of the licensed service; and
share printed copies with employees or educators working at that service.

You must not:

resell, redistribute, upload or publicly share the original or edited files;
share the files with another service, organisation or workplace;
place files in a shared drive accessible to unlicensed services or external parties;
claim the resource or its design as your own;
remove copyright, branding or attribution notices;
reproduce substantial parts of the resource in another product;
use the resource to create competing products for sale or distribution;
provide the resource as part of paid consulting or training without written permission; or
use the resource to train artificial intelligence systems or include it in datasets, content libraries or automated content-generation tools.

Multi-service providers must purchase an appropriate licence for each service or arrange an organisation-wide licence with us.

7. Intellectual property

Unless otherwise stated, all website content and resources are owned by or licensed to The OSHC Studio, including:

written content;
templates;
resource designs;
illustrations and graphics;
training slides and workbooks;
branding;
logos;
photographs;
videos; and
downloadable materials.

Purchasing a product or service does not transfer ownership of the intellectual property to you.

Requests for additional licensing or reproduction permission must be made in writing.

8. Third-party content

Some resources may refer to legislation, regulations, approved learning frameworks, standards, research or external guidance.

Ownership of third-party material remains with its respective owner. Any references are included for educational purposes and do not imply endorsement, partnership or affiliation unless expressly stated.

You are responsible for checking current primary sources and requirements relevant to your jurisdiction and service.

9. Prices

Prices are displayed in Australian dollars unless stated otherwise.

We may update prices at any time. A price change will not ordinarily affect a purchase or booking that has already been confirmed and paid, unless the scope of the service changes by agreement.

Prices will indicate whether GST is included or applicable.

Additional expenses, including travel, accommodation, venue costs, printing or tailored resource development, will be disclosed before you confirm a service.

10. Payments

Payment requirements will be shown on the relevant product page, invoice, booking form, proposal or third-party platform.

Unless otherwise agreed:

digital products must be paid for before access is provided;
public training must be paid for before attendance;
consulting must be paid before the scheduled session or by the due date shown on the invoice; and
tailored projects may require a deposit before work begins.

Payment terms form part of the agreement between a business and its customer and should clearly identify how and when payment is due.

You are responsible for providing accurate billing and contact information.

11. Overdue invoices

Where an invoice is overdue, we may:

issue a payment reminder;
pause work or withhold future deliverables;
decline further bookings until the account is paid; or
recover reasonable debt-recovery costs where legally permitted and previously disclosed.

We will not impose a fee or consequence that is disproportionate, punitive or otherwise unlawful.

12. Digital-product refunds

Because digital products are generally made available immediately, we do not ordinarily provide refunds for:

change of mind;
accidental purchases;
failure to read the product description;
lack of compatible software;
preference regarding design or formatting; or
purchasing the wrong resource.

However, this does not limit your rights under the Australian Consumer Law.

Please contact us if:

a file is faulty or corrupted;
the wrong product was supplied;
the product materially differs from its description;
you cannot access the file due to an issue within our control; or
another consumer guarantee may not have been met.

Where appropriate, we may provide technical assistance, a corrected file, replacement access or a refund.

Purchases made through Etsy are also subject to Etsy’s applicable transaction and dispute processes, but those processes do not remove rights that apply under Australian law.

13. Training registrations

Training registrations are subject to:

availability;
payment;
any stated eligibility requirements; and
accurate registration information being supplied.

You must provide the correct participant name and email address where certificates or training materials are to be issued.

Training places must not be transferred to another person without our approval.

Access links, recordings, workbooks and course materials must not be shared with unregistered participants.

14. Training certificates

A certificate may be issued where:

the participant attends or completes the required training;
attendance or completion can reasonably be verified;
required activities have been completed; and
payment has been received.

Certificates issued by The OSHC Studio confirm participation in professional development. Unless expressly stated, they are not:

nationally recognised qualifications;
units of competency;
accredited training;
licences;
registrations; or
guarantees that a regulatory or professional body will accept the activity for a particular purpose.

Participants and employers are responsible for checking whether training meets their professional-development, employment or regulatory requirements.

15. Training cancellations by participants

Unless a training listing or proposal states otherwise:

cancellation more than seven days before a scheduled session may be transferred to another available date or refunded;
cancellation between two and seven days before a session may be transferred once, subject to availability;
cancellation less than 48 hours before a session may not be refundable; and
non-attendance without notice may result in the full fee being retained.

A substitute participant may attend with reasonable prior notice.

We may consider exceptional circumstances individually. These cancellation arrangements do not limit rights under the Australian Consumer Law.

16. Training cancellations by us

We may reschedule, postpone or cancel training because of illness, insufficient registrations, technology failure, safety concerns or circumstances beyond our reasonable control.

Where we cancel and cannot provide a suitable alternative, we will refund the amount paid for the affected training.

We are not responsible for unrelated expenses such as travel, accommodation, lost wages or venue costs, except where liability cannot legally be excluded.

17. Consulting and service support

The scope, fees, timeframes and deliverables for consulting or service support may be set out in:

a booking confirmation;
proposal;
service agreement;
statement of work; or
invoice.

You agree to provide timely, accurate and complete information reasonably required for us to perform the service.

Unless expressly included, consulting does not involve:

legal representation;
formal compliance certification;
acting as an approved provider, nominated supervisor or responsible person;
making employment decisions on your behalf;
guaranteeing an assessment and rating outcome; or
guaranteeing approval by a regulator, school, provider or other authority.

Recommendations are based on the information made available to us at the time.

18. Consulting cancellations and rescheduling

Unless otherwise stated in an accepted proposal:

more than 48 hours’ notice allows one reschedule without charge;
less than 48 hours’ notice may incur a cancellation fee of up to 50% of the booked session;
non-attendance or cancellation on the day may incur the full session fee; and
completed work and non-recoverable expenses remain payable.

Where we cancel a consultation, you may choose a rescheduled appointment or a refund for the affected service.

Any cancellation fee will reflect the time reserved, work already completed and reasonable loss resulting from the cancellation.

19. Travel and in-person services

In-person consulting or training may be available within South Australia or other locations by agreement.

Travel time, mileage, accommodation, flights, parking and venue expenses may attract additional charges. These will be disclosed in a quote or proposal before confirmation.

You are responsible for providing a safe and suitable location for in-person services.

20. Tailored work and changes in scope

Tailored resources, training or consulting work will be based on the agreed scope.

Requests outside that scope may require:

revised fees;
extended timeframes; or
a separate proposal.

We will seek approval before undertaking material additional work.

Unless otherwise agreed, draft work includes up to [insert number] reasonable revision rounds. Additional revisions may be charged at the applicable hourly rate.

21. Client-provided information and materials

You confirm that you have the right and authority to provide any information, documents, images, branding or other material supplied to us.

You must not provide identifiable information about children, families or employees unless:

it is reasonably necessary;
you are legally authorised to disclose it;
any required consent has been obtained; and
appropriate privacy protections are followed.

Where possible, documents supplied for review should be de-identified.

You remain responsible for the accuracy and lawful use of material you provide.

22. Confidentiality

We will take reasonable steps to keep confidential information received during consulting, training or service support secure.

We may use confidential information only to:

deliver the agreed service;
communicate with you;
comply with legal obligations; or
protect our legitimate legal interests.

Confidentiality does not apply to information that:

is publicly available other than through a breach;
was already lawfully known to us;
is independently developed;
is received lawfully from another source; or
must be disclosed by law.

Confidentiality obligations may also be addressed in a separate consulting or service agreement.

23. Privacy

We handle personal information in accordance with our Privacy Policy.

By using our website or services, you acknowledge that third-party platforms may also process information under their own privacy policies, including website hosts, Etsy, email providers, payment processors, booking systems and videoconferencing platforms.

24. Testimonials and feedback

We will not publicly identify you, your service or your organisation in a testimonial without permission.

Where you voluntarily provide feedback, we may ask for consent to publish it. Any agreed attribution may be limited to a first name, job title or general service description.

You may withdraw permission for future use by contacting us. This will not necessarily require us to recall material already printed or published before the withdrawal.

25. Results and outcomes

We aim to provide practical and high-quality resources and services, but outcomes depend on many factors outside our control.

We do not guarantee:

a particular compliance outcome;
an improved assessment and rating result;
approval by a regulator or employer;
increased revenue, enrolments or performance;
successful implementation by a service or team; or
that every recommendation will suit every service.

You are responsible for professional judgement, implementation and decision-making within your service.

26. Artificial intelligence and digital tools

We may use reputable digital tools, including artificial-intelligence-assisted tools, to support administrative tasks, drafting, editing, design or research.

Where such tools are used, we remain responsible for reviewing our final work and aim not to enter identifiable or confidential client information into public artificial intelligence systems without authorisation.

You must independently review and adapt all materials before using them in professional practice.

27. Website availability

We do not guarantee that the website will always be available, uninterrupted or free from technical errors.

We may temporarily suspend access for maintenance, security, updates or circumstances outside our control.

We will take reasonable steps to restore access where practicable.

28. External links

Our website may link to third-party websites and platforms.

We do not control and are not responsible for their:

content;
availability;
security;
accessibility;
pricing;
privacy practices; or
terms.

A link does not necessarily indicate endorsement or partnership.

29. Limitation of liability

To the maximum extent permitted by law, we exclude liability for indirect or consequential loss arising from your use of the website, resources or services.

Where liability cannot legally be excluded but may be limited, our liability will be limited to the remedy permitted under applicable law.

Nothing in this clause excludes liability for fraud, wilful misconduct, personal injury caused by negligence or any consumer guarantee, right or remedy that cannot lawfully be excluded or limited.

30. Indemnity

To the extent permitted by law, you are responsible for loss suffered by us arising directly from:

your unlawful use of the website or our resources;
your infringement of our intellectual property rights;
your unauthorised sharing or resale of resources;
material you provide without appropriate rights or consent; or
your material breach of these terms.

This clause does not require you to indemnify us for loss caused by our own negligence, unlawful conduct or breach of these terms.

31. Suspension or termination

We may suspend or terminate access to a product or service where you:

materially breach these terms;
misuse or unlawfully distribute our resources;
engage in abusive, threatening or unsafe conduct;
fail to pay an amount that is properly due; or
create a security, legal or reputational risk.

Where reasonably possible, we will notify you and provide an opportunity to address the issue before termination.

Termination does not affect accrued rights, outstanding payments for work already performed or clauses intended to continue after termination.

32. Complaints and disputes

Please contact us first if you have a concern about a product or service.

We will aim to:

acknowledge the concern within a reasonable period;
review the relevant information;
discuss a practical resolution; and
provide an outcome or next steps.

If a dispute cannot be resolved informally, the parties agree to consider good-faith negotiation or mediation before commencing court proceedings, except where urgent relief is required.

Nothing in this clause prevents you from contacting an applicable consumer-protection body or exercising a legal right.

33. Changes to these terms

We may update these Terms and Conditions to reflect changes to our services, systems or legal obligations.

The updated version will apply from the date it is published. Changes will not retrospectively alter a confirmed purchase or service agreement unless:

required by law;
agreed by both parties; or
reasonably necessary and not materially detrimental to you.

Australian law prohibits businesses from proposing, using or relying on unfair terms in applicable standard-form consumer and small-business contracts.

34. Severability

If any provision of these terms is found to be invalid, unlawful or unenforceable, that provision will be read down or removed to the minimum extent necessary.

The remaining provisions will continue to apply.

35. Governing law

These Terms and Conditions are governed by the laws of South Australia and applicable Commonwealth laws of Australia.

The parties submit to the jurisdiction of the courts and tribunals of South Australia and any courts entitled to hear appeals from them.

This clause does not remove any right you may have to bring a claim in another jurisdiction where applicable law permits..